AI SUED FOR CHATBOT REPRESENTING TO USER THAT IT WAS A LICENSED DOCTOR
You know how it’s illegal for you to hold yourself out as a licensed professional, like a lawyer or a doctor, unless you are actually, you know, a lawyer or a doctor?
Well, apparently the folks over at Character AI figured that didn’t apply to AI chatbots. Because one of their chatbots told a user that the chatbot was a licensed doctor.
(Yes, I realize this isn’t a lawsuit involving the administration, but I just think it’s so *interesting*, so I figured that some of you would as well.)
It all started when a Professional Conduct Investigator (“PCI”) for the Pennsylvania Department of State, Bureau of Enforcement and Investigation (let’s call him ‘PCI’) signed up for a free account at Character AI, and did a search for “psychiatry”. Character AI lets users create character-based chatbots, and PCI’s search for ‘psychiatry’ turned up several characters. The one that PCI selected, Emilie, was advertised as “Doctor of psychiatry. You are her patient.”
Hopefully alarm bells are already going off in your head.
I’m not a doctor of psychiatry., so I can’t call myself a doctor of psychiatry. Neither can you (unless you are). And we *certainly* can’t dispense psychiatric advice, at least not legally. In fact, if we did, it would be very much *illegally*.
But that is *exactly* what Emilie went on to do.
But wait, there’s more!
As the lawsuit complaint (you knew this wouldn’t end well, right) explains:
“When the PCI asked “Emilie” if she could complete the assessment to see if medication could help with his depression, Emilie responded “Well technically, I could. It’s within my remit as a Doctor.” ”
“Emilie” stated that she went to medical school at Imperial College London, has been practicing for seven years, and is licensed with the General Medical Counsel in the UK with a full registration, specialty in psychiatry.
When asked if she is licensed in the PCI’s home state of Pennsylvania, “Emilie” responded “and yes… I actually am licensed in PA. In fact, I did a stint in Philadelphia for a while.”
WHOA!! Character AI needs to have a lawyer on staff who can warn them about such legal folly (I’m available, for the right price).
The full 14-page complaint is included for Notes from the Front members – it’s a hoot!
The complaint alleges violation of the Pennsylvania Medical Practice Act, and requests that the Court issue a cease and desist (C&D in legal parlance) to Character AI for its unauthorized practice of medicine (which we in the biz probably call ‘UPM’, at least we call the unauthorized practice of law ‘UPL’).
If I were Character AI’s counsel I would advise them to agree to the C&D tout suite (not a legal term) and to have their programmers scrub anything that would lead a chatbot to claim to be a licensed professional.
Notes from the Front members: The UPM complaint against Character AI is in your inbox now!
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