Benefits chatbots and ERISA estoppel exposure
Something I’ve been thinking about: benefits chatbots and ERISA estoppel exposure.
Estoppel is narrow, and most claims lose. But it doesn’t require intent. It requires a misrepresentation a participant reasonably relies on, plus extraordinary circumstances.
A chatbot branded with the plan’s name, answering in a confident voice, gives the same wrong answer to everyone who asks, for as long as the error persists. Is that extraordinary? Unclear today.
SPD disclaimers help. Disclaimers buried under a “start chat” button might be different.
For those of you with AI in your benefits stack: what are you seeing as mitigation?
Originally posted on LinkedIn, where the discussion and source links live in the comments.