What's Happening?
The emergence of AI-driven agentic commerce is presenting both opportunities and challenges for retailers. AI agents, which can autonomously make purchases on behalf of consumers, are becoming more prevalent as companies like Visa, Mastercard, and PayPal
develop systems to support these transactions. Major retailers such as Walmart and Amazon are also exploring AI-powered shopping agents. However, the rise of these agents raises significant liability questions. When AI agents make purchasing errors or are manipulated, it is unclear who bears responsibility—the consumer, the AI developer, the retailer, or the payment processor. Current liability frameworks do not adequately address these scenarios, potentially leaving retailers vulnerable to unforeseen losses.
Why It's Important?
The development of agentic commerce could significantly impact the retail industry by altering traditional purchasing processes and liability structures. Retailers may face increased returns and disputes due to AI misinterpretations of product specifications, leading to potential financial losses. The amplification of chargeback fraud, already a costly issue, could further strain retailers. As AI agents become more integrated into shopping experiences, retailers must navigate these challenges to maintain consumer trust and protect their financial interests. Establishing clear liability frameworks and return policies will be crucial for retailers to mitigate risks and capitalize on the opportunities presented by agentic commerce.
What's Next?
Retailers are advised to proactively address the liability issues associated with AI-driven purchases by negotiating clear contractual terms with AI providers and payment processors. This includes defining who is considered the 'purchaser' in AI-mediated transactions and establishing detailed transaction records to resolve disputes. Retailers that offer generous return policies for agentic purchases may gain consumer trust but must balance this with the risk of systemic abuse. As agentic commerce continues to evolve, retailers that adapt their policies and defenses accordingly will be better positioned to thrive in this new era.
