Consumer protection in times of AI shopping agents
Most consumers are already using AI to search for products and soon AI agents will buy items too. So the law must become "agent-ready".
This summer, U.S. Senator Mark Warner released a discussion draft of the AI AGENT Act. It would let consumers authorize a "custodial user agent" on a documented, scope-limited, and revocable mandate. It would also oblige large platforms to open their interfaces to such agents on fair, reasonable, and non-discriminatory terms, and impose non-waivable duties of loyalty and care on providers. However, what’s left open is when an agent's act binds the consumer, and who bears the loss when it oversteps.
The EU's Digital Fairness Act proposal, which is due later this year, targets dark patterns, addictive design and unfair personalization. That is exactly where consumer agents operate. A loyal one protects the consumer. A conflicted one buys before they grasp the choice.
So far, both sides of the Atlantic land in the same place: providers owe duties, consumers keep control, independent agents get access. For anyone selling online, the rules now taking shape decide who may speak to your customers, and who is bound when an agent hits "buy". We will keep following this debate. It will gain traction quickly, because what is being settled here is a multi-billion-dollar question.