Who Is Liable When the Agent’s Purchase, Booking, or Email Goes Wrong?

On the Policy board, the liability-allocation axis is moving. As the industry meets this week at AGNTCon in San Jose to standardize what agents may do, the law still has not said who pays when they do it wrong. The answer, for now, is a delegation trap: Regulation E was written for the human delegate with the card and it does the same work handed to software. The cost of the wrong purchase lands on whoever handed over the credentials. The mechanics of this allocation are increasingly clear. Under Regulation E , a transfer is not “unauthorized” if it was initiated by a person the consumer furnished the access device to. Software agents, acting on behalf of the user, fall into this same trap.

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