Required disclosures by business entities engaged in customer service communications

(a) Required disclosure by business entities engaged in customer service communications of physical location (1) In general Except as provided in paragraph (2), a business entity that either initiates or receives a customer service communication shall require that, at the beginning of each customer service communication so initiated or received, each of its employees or agents participating in the communication disclose— (A) their physical location; and (B) if their physical location is outside of the United States, that the consumer may, as provided by subsection (c), request to be immediately transferred to a customer service agent who is physically located in the United States. (2) Exceptions (A) Business entities located in the United States The requirements of paragraph (1) shall not apply to a customer service communication involving a business entity if all of the employees or agents of the business entity participating in such communication are physically located in the United States. (B) Communication initiated by consumer knowingly to foreign entity or address The requirements of paragraph (1) shall not apply to an employee or agent of a business entity participating in a customer service communication with a consumer if— (i) the customer service communication was initiated by the consumer; (ii) the employee or agent is physically located outside the United States; and (iii) the consumer knows or reasonably should know that the employee or agent is physically located outside the United States. (C) Emergency services The requirements of paragraph (1) shall not apply to a customer service communication relating to the provision of emergency services (as defined by the Federal Trade Commission). (D) Business entities and customer service communications excluded by Federal Trade Commission The Federal Trade Commission may exclude certain classes or types of business entities or customer service communications from the requirements of paragraph (1) if the Commission finds exceptionally compelling circumstances that justify such exclusion. (b) Required disclosure by business entities engaged in customer service communications of use of artificial intelligence for customer service A business entity that either initiates or receives a customer service communication and uses artificial intelligence for customer service communication shall, at the beginning of each customer service communication so initiated or received, disclose— (1) that a nonhuman, artificial intelligence or machine is being used for customer service; and (2) that the consumer may, as provided by subsection (c), request to be immediately transferred to a human operator who is physically located in the United States, including, if possible, by voice command (such as by saying the word agent). (c) Transfer to U.S.-Based human customer service center A business entity that is subject to the requirements of subsection (a) or (b) shall, at the request of a consumer, immediately transfer the consumer to a human customer service agent who is physically located in the United States. (d) Certification requirement Each year, each business entity that participates in a customer service communication shall certify to the Federal Trade Commission that it has complied or failed to comply with the requirements of subsections (a), (b), and (c). (e) Regulations Not later than 1 year after the date of the enactment of this Act, the Federal Trade Commission shall promulgate such regulations as may be necessary to carry out the provisions of this section. (f) Effective date The requirements of subsections (a), (b), (c), and (d) shall apply with respect to customer service communications occurring on or after the date that is 1 year after the date of the enactment of this Act.