How to tell if a recruiter is AI, and what the law says
How to tell if a recruiter is AI comes down to two moves: ask directly, and look for a disclosure. Instant replies, generic signatures and scripted answers are clues, not proof. Some laws require notice, including New York City before automated screening, Illinois before AI-analysed video interviews, and the EU when an AI system talks with you directly.
The short answer
- Ask: am I talking to a person or an AI system? A real recruiter can answer in one line.
- Look for a notice in the job ad, the careers page or the interview invite.
- Fast replies and polished writing prove little. Human recruiters draft with AI too.
- In the EU, an AI system that talks with you directly must make clear it is AI, unless that is obvious.
- A request for money means a scam, whether a person or a bot sent it.
Signs a recruiter is AI, and how much each one proves
Read the last column before acting on any sign. Several common clues fit a busy human recruiter just as well as a bot.
| Sign | What it suggests | How much it proves |
|---|---|---|
| Replies within seconds, at any hour | Automated replies or scheduling. | Little. Many teams automate scheduling while a person reads every reply. |
| A polished, personalised first message | AI-drafted text. | Almost nothing. Human recruiters use AI to draft messages too. |
| Answers that skip your question or repeat a script | A chatbot working from fixed material. | Moderate. Ask something only a person on the team would know. |
| No named person, or a name you cannot find anywhere | A bot, or a fake recruiter. | Enough to check before you share anything personal. |
| An interview link with an avatar and no human host | An AI interviewer. | Strong. Ask who reviews the recording and who decides. |
| A notice that an automated tool will assess you | Automated screening. | Proof. In New York City it must come 10 business days before use. |
| A request for money, bank details or a check deposit | A scam. | Proof of a scam, whoever sent it. Stop replying. |
A sign is a reason to ask, not an answer. The question in step 1 below settles most cases.
How to find out for sure
Five checks, in the order that costs you least. Most people have their answer after the first two.
- Ask directly Ask whether you are talking to a person or an AI system. In the EU, an AI system that talks with people directly must tell them it is AI, unless that is obvious. Elsewhere, a straight question usually gets a straight answer. "Before we go on, am I talking with a person or an automated assistant?"
- Read the notice Check the job ad, the careers page and the interview invite for a line about AI or automated tools. Employers covered by disclosure laws put it there.
- Look the recruiter up Search the name with the company. Check that the email domain matches the company's own website and that the role appears on its careers page.
- Ask who decides Ask who reviews your application or interview and who makes the decision. The answer tells you more than whether the first message was automated.
- Ask for an accommodation if you need one If an automated step does not work for you, ask for a reasonable accommodation. New York City notices must tell you how to request one.
Laws that require employers to tell you about AI
There is no single rule. Each law covers a different place, a different step and a different kind of tool.
| Law | Who it covers | What you must be told | Since |
|---|---|---|---|
| New York City Local Law 144 | NYC residents assessed for jobs tied to a New York City office. | That an automated tool is used and what it assesses, 10 business days ahead, after a yearly bias audit. | Enforced from 5 July 2023. |
| Illinois AI Video Interview Act | Applicants for Illinois-based jobs who record video interviews that AI analyses. | Notice, how the AI works and what it looks at, and your consent first. Deletion within 30 days on request. | 1 January 2020. |
| Illinois Human Rights Act, AI amendment | Recruitment, hiring and other employment decisions in Illinois. | Notice to employees that the employer uses AI. Discriminatory AI use is a civil rights violation. | 1 January 2026. Detailed notice rules are not final. |
| EU AI Act, Article 50 | People in the EU dealing directly with an AI system, such as a chatbot. | That you are interacting with AI, unless that is obvious. | 2 August 2026. |
| EU AI Act, Annex III | AI used to recruit, filter applications or evaluate candidates. | Classed as high-risk, with stricter duties for providers and employers. | 2 December 2027, after a 2026 amendment. |
A summary for candidates, not legal advice. Check the current text of the law where you live.
AI recruiter or fake recruiter
These are different problems. An AI recruiter works for a real employer. A fake recruiter wants your money or your data. The FTC says honest employers will never ask you to pay to get a job.
Where the disclosure rules stop
The rules are narrower than most candidates assume. New York City's law covers tools that assess people who applied for a specific job. Its FAQ says it does not apply to tools used to conduct outreach to potential candidates, so an automated first message can arrive without any notice.
Candidates care about the difference. In a Pew Research Center survey of 11,004 US adults, 66 percent said they would not want to apply to an employer that uses AI to help make hiring decisions, and 71 percent opposed AI making the final hiring decision.
What an AI interview looks like when it is open about it
A live, two-way AI video interview that follows up on what the candidate says.
On The Cognitive, the AI step is a visible one. The first interview is a live, two-way video conversation with an AI interviewer, 10 or 20 minutes, on a laptop or desktop. It produces a scorecard with a recommendation, which is a label a person then acts on. Outreach before it is personal email from the recruiter's own mailbox.
Questions to ask any recruiter, person or AI
- Am I talking to a person or an automated assistant?
- Is AI used to screen, score or rank my application?
- What qualifications or characteristics does the tool assess?
- Who reviews the result, and who makes the decision?
- Can I request an accommodation or a different format?
- How long is my interview recording kept, and can I ask for it to be deleted?
- What is your name and role, and where is the job posted?
What to do when you suspect a bot
Do
- Ask the direct question and keep the answer.
- Prepare for an AI interview the way you would for a person.
- Ask what is assessed and who decides.
Do not
- Assume a fast or polished message is a scam.
- Send money, bank details or ID documents to an unverified recruiter.
- Withdraw only because AI is involved, before asking how it is used.
Keep reading
How to prepare for an AI interview · How AI interview scoring works · What is adverse impact · AI recruiter · Candidate experience
Frequently asked questions
How can you tell if a recruiter is AI?
Ask directly whether you are talking to a person or an AI system, and look for a notice in the job ad, careers page or interview invite. Signs such as instant replies or scripted answers suggest automation but do not prove it, because human recruiters also automate scheduling and draft messages with AI. A direct question settles most cases.
Do companies have to tell you they use AI in hiring?
In some places, yes. New York City requires notice 10 business days before an automated tool assesses candidates who live there, Illinois requires notice and consent before AI analyses a recorded video interview, and the EU AI Act requires AI systems that interact directly with people to tell them they are dealing with AI, unless that is obvious. Many other places have no specific disclosure rule yet.
Is it legal for a recruiter to be AI?
Generally, yes. Using AI in recruiting is legal in most places, but some laws attach conditions, such as notice, consent, bias audits or a ban on discriminatory effects. The EU AI Act lists AI used to recruit or evaluate candidates as high-risk, which brings stricter duties rather than a ban.
Can I ask to speak to a human recruiter?
You can always ask, and many employers will arrange it. A legal right to a human alternative is less common than a right to notice. New York City notices must tell you how to request a reasonable accommodation, and disability accommodation laws may apply if an automated step does not work for you.
Can an AI recruiter interview me?
Yes. Some employers use AI interviewers for first-round interviews, either recorded answers to set questions or a live conversation with an AI that asks follow-ups. In Illinois, an employer that uses AI to analyse a recorded video interview must notify you, explain how it works and get your consent before the interview.
Does the New York City AI hiring law cover recruiter outreach messages?
No. New York City's Local Law 144 covers automated tools used to assess candidates who applied for a specific job, or employees up for promotion. Its FAQ says the requirements do not apply when a tool is used to scan a resume bank, conduct outreach to potential candidates or invite applications.
How do I know if a recruiter message is a scam?
A request for money, bank details or a check deposit means a scam, whether a person or a bot sent it. The FTC says honest employers will never ask you to pay to get a job. Check that the email domain matches the company's website, that the job appears on its careers page and that the recruiter can be found.
Does the EU AI Act apply to recruiting?
Yes. Annex III lists AI systems used for recruitment or selection, including to analyse and filter job applications and to evaluate candidates, as high-risk, with those duties applying from 2 December 2027 under a 2026 amendment. Separately, Article 50 requires AI systems that interact directly with people to tell them they are dealing with AI unless it is obvious, and it has applied since 2 August 2026.
Can I ask an employer to delete my AI video interview?
In Illinois, yes. The AI Video Interview Act requires employers to delete an applicant's interview videos within 30 days of a request, and to tell anyone they shared them with to delete them too. Elsewhere, privacy laws such as the GDPR in the EU may give you a similar right, so ask the employer directly.
Explore: AI recruiter · How to prepare for an AI interview · How AI interview scoring works · What is adverse impact · AI bias in hiring