Air Canada has defended its use of an automated chatbot that was accused of misleading a customer, by stating that the chatbot was ‘responsible for its own actions’.
In 2022, Jake Moffatt reached out to Air Canada, seeking information about bereavement fares following the passing of his grandmother. During the conversation with Air Canada’s support chatbot, Moffatt inquired about the possibility of retroactively applying bereavement fares.
Despite the chatbot’s earlier indication that he could apply for a refund within 90 days of ticket issuance, Air Canada later stated that bereavement rates wouldn’t be applicable retroactively on completed travel when Moffatt sought the refund.
After Moffatt provided Air Canada with a screenshot of the chatbot’s advice, the airline acknowledged that the bot had used “misleading words.” They assured him that they would update the bot with correct information.
In response to Moffatt’s lawsuit for the fare difference, Air Canada argued that the chatbot was a “separate legal entity” and therefore was “responsible for its actions,” as reported by The Guardian. This defense did not garner positive publicity for the airline. In the decision, Civil Resolution Tribunal (CRT) member Christopher Rivers characterized this argument as a “remarkable submission.”
“While a chatbot has an interactive component, it is still just a part of Air Canada’s website. It should be obvious to Air Canada that it is responsible for all the information on its website,” wrote Rivers. “It makes no difference whether the information comes from a static page or a chatbot.”
Air Canada further argued that the correct information on bereavement fares was available on its website. However, Rivers noted that the airline did “not explain why the webpage titled ‘Bereavement Travel’ was inherently more trustworthy” than its chatbot.
“There is no reason why Mr Moffatt should know that one section of Air Canada’s webpage is accurate, and another is not,” he wrote.
Air Canada has been directed to compensate Jake Moffatt with C$650.88, covering the fare difference he pursued in the lawsuit, along with C$36.14 in pre-judgment interest and C$125 in fees.
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