LEGAL ALERT: NEW WAVE OF “CHATBOT” LAWSUITS – PROTECT YOURSELF!

Posted May 20, 2025

Dozens of lawsuits have been filed against companies that use chatbots on their websites. Take action NOW to prevent getting sued!

REGISTER HERE FOR A WEBINAR ON JUNE 13, 2025, AT 1:00 PM! We will discuss this wave of lawsuits, best practices on how not to get sued, and what to do if you are sued.

WHAT YOU NEED TO DO NOW!

• If you are using a chatbot on your website, add disclaimer language to it.
• Examples of disclaimers you can use on your chatbot include:
  • Welcome! Please fill out the form below to get connected to a representative. By continuing with this chat, which uses an automated chatbot app and/or a live representative, you consent to and acknowledge the collection, recording, and use/disclosure of information about you and this chat session and service providers acting on our behalf in accordance with our privacy policy.
  • By continuing with this chat, which uses an automated chatbot, you consent to and acknowledge that we and our service providers will keep a transcript of this chat.
  • Before we begin, you should know that any information you type will be stored and used in accordance with our privacy policy.
• Feel free to edit the disclaimer to meet your business’ unique needs.
• Make sure your privacy policy addresses what you do with data your website collects and maintains.

WHAT’S THE BASIS OF THESE LAWSUITS?

• What the plaintiff is claiming. The plaintiff – who has filed dozens of lawsuits so far – is claiming that the failure to include a disclaimer prior to recording “live chat” electronic communications on chatbots are “illegal interceptions” and violations of the Florida Security of Communications Act (FSCA), Chapter 934, Fla. Stats.
• The one case plaintiff cites is outdated and does not address chatbots. The one case that the plaintiff and their attorneys use to support their position is O’Brien v. O’Brien, 899 So. 2d 1133 (Fla. 5th DCA 2005). However, this was a divorce case where the wife secretly installed spyware on her husband’s computer so that she could catch him chatting with another woman online.
• Possible defenses to the new wave of lawsuits. The O’Brien case is fundamentally different than the scenario described in this wave of lawsuits and there have been many new cases addressing the FSCA over the past 20 years since that case was decided. Below are some possible defenses; however, MIAMI REALTORS® urges you to consult with legal counsel on all defenses and counterclaims that might be available to you should you get sued.
  • FSCA might not apply to chatbots. Commonplace analytics software – and arguably other types of software – to improve a website browser’s experience likely falls outside of the FSCA. The FSCA’s purpose was to: “(1) protect the privacy of wire and oral communications, (2) prevent organized criminals from using oral and/or wire communications in their criminal activities, and (3) ensure that any information from such oral and wire communications would not be misused.” See Jacome v. Spirit Airlines, Case No. 2021-947-CA-01, 2021 Fla. Cir. LEXIS 1435, 2021 WL 3087860 (Fla. Cir. Ct. June 17, 2021).
  • No reasonable expectation of privacy. Here, consumers do not have a reasonable expectation of privacy, as they are on public-facing websites asking questions of chatbots. While the plaintiff in this wave of lawsuits cites to the O’Brien case to support their position, they fail to include this relevant part of it: “…when analyzing an electronic communications FSCA claim, the court discussed how ‘[e]nactment of [the FSCA] connotates a policy decision by the Florida legislature to allow each party to a conversation to have an expectation of privacy from interception by another party to the conversation. The purpose of the Act [FSCA] is to protect every person’s right to privacy and to prevent the pernicious effect on all citizens who would otherwise feel insecure from intrusion into their private conversations and communications.” Jacome, 2021 Fla. Cir. LEXIS 1435, *12, citing to O’Brien, 899 So. 2d at 1135 (citations and quotation marks omitted). There “…can be no reasonable expectation of privacy from a third-party website owner when a consumer voluntarily browses through that third-party’s website.” Jacome, 2021 Fla. Cir. LEXIS 1435, *12.
  • Consumers are consenting to using the chatbots. Even if the chatbots on websites for the general public were subject to the FSCA, these chatbot “interceptions” would likely be permitted, as consumers are consenting to the “interceptions” by using the services. Fla. Stat. Sec. 934.03(2)(d). Moreover, if a website has a privacy policy that outlines the use of the website and its services (like a chatbot, for example), this would further support a claim that consumers are consenting to the chatbots.
• This is not legal advice or representation and the defenses and/or counterclaims available to you will depend on the unique circumstances of your case. MIAMI REALTORS® urges you to consult with legal counsel if you are sued – see below for more resources.

WHAT TO DO IF YOU GET SUED?

• Let us know! Email legal@miamire.com.
• Call or email the Florida REALTORS® Legal Hotline (407-438-1409).
• Call your attorney. If you don’t have one, you can contact The Florida Bar Lawyer Referral Service or the Miami-Dade Bar Lawyer Referral Service for a referral.
• Consider applying for the Florida REALTORS® Legal Action Fund.

As always, do not hesitate to contact the MIAMI REALTORS® Legal Department at legal@miamire.com.

DISCLAIMERS:

This page and all posts are meant to provide education and information on relevant legal topics facing the industry and are not a substitute for legal advice. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user, or browser. MIAMI REALTORS® does not recommend or endorse the contents of third-party sites. For legal advice or representation, contact private counsel or call the Florida REALTORS® Legal Hotline (1-407-438-1409). The information and materials on MIAMI REALTORS®’ website are provided for educational and informational purposes only and should not be construed as legal advice or as an offer to perform legal services on any subject matter. It contains general information and may not reflect current legal developments or information. Nothing is intended to create an attorney-client relationship and shall not be construed as legal advice. The information is not guaranteed to be correct, complete, current, or suitable. MIAMI REALTORS® makes no warranty, expressed or implied, about the accuracy or reliability of the information in this program or materials. Recipients of the information in this program or materials should not act or refrain from acting on the basis of any information without seeking appropriate legal advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. MIAMI REALTORS® expressly disclaims all liability with respect to actions taken or not taken by the recipient based on any or all of the information in this information and materials.