Consumer Protection Law Was Not Built for Robot Shoppers

AI shopping agents offer real promise by aiding consumers make better choices through efficiency and avoidance of human biases.
A key risk is the potential for biased algorithms to self-preference, creating new forms of corporate power that are harder to contest than traditional biases.
AI shopping agents can freeze consumer identity into an algorithmic profile which may strip out personal expressions and judgment in shopping choices.
Algorithms replacing traditional communal shopping may erode communal and cultural values attached to shopping, which carry beyond commerce into civic life.
To preemptively address potential harms, regulators could introduce smart disclosures regarding algorithmic sourcing and weighting, ensure data portability, and mandate manual “off buttons” for significant purchases.
Regulatory frameworks should evolve with technological advancements, with rules that can be reauthorized if necessary.
Control of consumption, market structure, and consumer agency are crucial questions that need legal adaptation to prevent entrenched private platforms from dominating automated shopping.