PubLedge

Beginning January 1, 2027, before a consequential decision is made using covered automated decision-making technology, the deployer must notify the consumer that an automated system is in use and disclose the purpose and nature of the decision. The notice is pre-decision; a post-hoc disclosure does not satisfy it.

What Counts

• Notice delivered at or before the point the ADMT is used in the consequential decision
• Plain statement that an automated decision-making technology is involved
• Description of what the decision is for and what it determines

What Does Not Count

• Notice issued only after an adverse outcome is communicated
• Disclosure buried in terms of service or a privacy policy the consumer is not shown
• A generic statement that the company "uses technology" without identifying automated decision-making
• Notice given to a third-party intermediary rather than to the consumer

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