Case 01
Made-up facts
 
Air Canada
 
Canada
 
2024

The chatbot that promised a refund

An airline's website chatbot described a refund rule that did not exist, and a tribunal made the airline pay for it.

What happened

In November 2022, Jake Moffatt's grandmother died. The same day, he asked the chatbot on Air Canada's website about bereavement fares, the cheaper tickets some airlines offer after a death in the family.

The chatbot told him he could buy a full-price ticket now and apply for the bereavement discount within 90 days. He did. When he applied, Air Canada said its policy did not allow refunds after travel.

He took the case to British Columbia's Civil Resolution Tribunal. Air Canada argued, in effect, that the chatbot was responsible for its own words. In February 2024 the tribunal rejected this and ordered the airline to pay about C$812, including the fare difference of C$650.88.

Why it happened

The ruling does not say what technology powered the chatbot. But any chatbot that writes its own answers works the same basic way: it produces a reply that sounds right. Nothing in that process checks the reply against the company's real policy.

The tribunal's point was simple. A chatbot on your website is part of your website. Customers cannot be expected to know which page to trust, so the company owns every answer it gives.

The idea behind this caseLesson: Why AI makes things up →

What would have stopped it

  1. 1Connect the chatbot to the official policy text and have it quote or link that text, instead of answering from memory.
  2. 2Make the chatbot say "I'm not sure, here is the policy page" for money, refunds and legal terms.
  3. 3Test the bot with real customer questions about edge cases, like refunds after travel, before it goes live.
  4. 4Review a sample of chat logs every week and fix wrong answers quickly.
  5. 5Treat what the bot says as what the company says, and give staff a clear way to honour or correct it.
Your company's new support chatbot tells a customer they can cancel a yearly plan for a full refund at any time. Your real policy allows refunds only in the first 14 days. The customer has a screenshot. What is the best response?

Would you have caught it?

Your company's new support chatbot tells a customer they can cancel a yearly plan for a full refund at any time. Your real policy allows refunds only in the first 14 days. The customer has a screenshot. What is the best response?

Sources

  1. Moffatt v. Air Canada, 2024 BCCRT 149 · Civil Resolution Tribunal of British Columbia · 2024-02-14
  2. Air Canada found liable for chatbot's bad advice on plane tickets · CBC News · 2024-02-15
  3. Air Canada ordered to pay customer who was misled by airline's chatbot · The Guardian · 2024-02-16

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