There is no single worldwide rule that automatically decides who pays when an AI agent places an order. The result depends on what the person or business authorized, whether the agent stayed within that authority, the merchant and payment contracts, the available records, the transaction type, and the law governing the dispute.
One clear rule does exist in the United Kingdom’s consumer-protection guidance: when a business uses an AI agent to deal with customers, the business remains responsible for the agent’s conduct—even when another company built or supplies the system. For a consumer’s own shopping or payment agent, responsibility is still an unsettled legal question in many situations.
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What an AI agent actually does when it places an order
An AI agent is more than a search box or recommendation engine. It can pursue a goal, gather current information, make a choice and take an action through a merchant or payment system. In a shopping context, that action may stop at a recommendation, prepare a cart, submit an order, or authorize a payment.
The exact boundary matters. An agent that suggests three products has not necessarily committed the user to anything. An agent that fills a cart has taken a further step, but the user may still have to approve checkout. An agent authorized to complete payment has a materially broader mandate and creates a different question about whether an unexpected purchase was within its authority.
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The typical sequence
- The user or business sets a goal and limits. Examples include a product description, maximum price, preferred merchant, delivery deadline, spending ceiling or list of prohibited items.
- The agent searches or interacts with merchants. It may collect prices, availability, shipping terms and seller information at that moment.
- The agent selects an offer. Its choice can depend on the instructions, information it found and the rules built into the agent.
- The agent transmits an order or payment. Depending on the deployment, this may require a confirmation click, a one-time code or no additional approval.
- The merchant and payment participants process the transaction. The order may be accepted, declined, partially fulfilled, cancelled or subjected to fraud checks.
- Records and remedies become important. Instructions, agent messages, approvals, receipts, cancellation requests and payment records may determine what happened and who can correct it.
This is a general model, not a universal workflow. Products differ in their confirmation rules, payment integrations and logging. The important practical distinction is whether the agent merely advised, prepared a transaction or had authority to complete it.
Three levels of delegated authority
| Agent role | What it can do | Risk if it gets the decision wrong | Control that should be clear |
|---|---|---|---|
| Advisory | Finds information and recommends products; the user places the order. | Misleading information or a poor recommendation, but normally no agent-submitted purchase. | How recommendations are generated and whether commercial messages are disclosed. |
| Checkout preparation | Selects an item, enters details and prepares a cart or order for approval. | The user may approve a choice without noticing substitutions, fees or seller changes. | A review screen showing the exact item, seller, total, delivery terms and any substitutions. |
| Autonomous payment | Submits the order and authorizes payment within rules set by the user or business. | A mistaken, unauthorized or out-of-scope transaction can create a direct financial dispute. | Spending, merchant, product and time limits, plus meaningful confirmation for consequential exceptions. |
Who is responsible when a business uses an AI agent?
The clearest official position in the available evidence is the UK Competition and Markets Authority’s guidance for businesses. Consumer law applies whether a customer interacts with a person or an AI agent, and the business is responsible for what its agent does in the same way it is responsible for an employee’s conduct. That remains true when a separate technology company designed or operates the agent.
“Ultimately, you will be responsible if an AI agent does something illegal, so it is important that you think about compliance with consumer law from the start.”
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In practical terms, outsourcing the technology does not outsource the legal relationship with the customer. A business cannot assume that a contract with an agent supplier transfers its consumer-law duties. The business still has to check how the system presents information, handles consent, applies contract terms and responds to statutory rights.
What the UK guidance expects businesses to control
- Statutory and contractual rights: the agent should not block or misstate rights such as cancellation where those rights apply to the transaction.
- Accurate communications: product descriptions, prices, availability, delivery promises and important limitations must not be misleading through statements or omissions.
- Consent: the system should obtain any consent required by consumer law rather than infer it from an ambiguous interaction.
- Training and testing: the business should test realistic conversations, edge cases, substitutions, pricing changes and attempts to obtain prohibited outcomes before deployment.
- Monitoring: complaints, failed orders, unusual patterns and agent errors should be reviewed after launch, with corrective changes made when necessary.
- Third-party oversight: procurement should include a review of the provider’s compliance work, controls, documentation and ability to supply records.
The Digital Markets, Competition and Consumers Act 2024 provides the UK statutory context by treating commercial practices as including acts or omissions by a trader, or by a person acting in the trader’s name or on its behalf for business purposes. It prohibits unfair commercial practices as defined by the Act. This supports the CMA’s explanation for UK consumer interactions; it is not a universal rule for every country or every dispute involving a personal assistant.
Possible consequences in the UK
The CMA describes potential enforcement consequences for consumer-protection breaches including fines of up to 10% of worldwide turnover and possible compensation for affected consumers. These are maximum or possible consequences in the relevant enforcement context, not an automatic penalty every time an agent makes an error. The facts, breach, enforcement route and available remedies still matter.
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What if a consumer’s own agent buys the wrong thing?
The answer is less settled when an individual gives a separate agent permission to shop or pay and the agent buys the wrong product, exceeds the person’s intention or acts without valid authorization. Current payments and standards discussions identify the allocation of losses as an open issue rather than announcing one rule that applies everywhere.
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Several questions will usually control the analysis:
| Question | Why it matters |
|---|---|
| What exactly did the user instruct? | A precise product, price ceiling, merchant list and expiry time create a different authority record from a broad instruction such as “buy the best option.” |
| Did the agent stay inside that authority? | A purchase within the stated limits may be treated differently from a purchase that exceeds the price, changes the product category or uses a prohibited seller. |
| Who provided and operated the agent? | The agent developer, host, merchant, payment service and user may have different contractual roles and duties. |
| What do the contracts say? | Merchant terms, payment-account terms and the agent service agreement may allocate authorization, refunds, cancellation and dispute procedures differently. |
| What records exist? | Instruction logs, approval events, tool calls, order details and payment records can show whether the transaction matched the delegated authority. |
| Which law and transaction type apply? | Consumer and business-to-business transactions can have different protections, and the governing jurisdiction may change the available remedies. |
The Reserve Bank of Australia’s summary of stakeholder submissions reports concerns that agent-initiated payment disputes may be difficult to detect or resolve if payment participants cannot identify that an agent made the transaction or access reliable records of its instructions. Those are stakeholder concerns, not a binding finding that a particular party always bears the loss.
The Bank for International Settlements describes an agent-delegated model in which a buyer grants an AI agent authority to shop and make payments on the buyer’s behalf, then asks who is responsible if the agent makes the wrong purchase. Federal Reserve Governor Christopher J. Waller posed the issue in a September 28, 2026 speech: “Liability in this context comes down to a pretty simple question: Who is on the hook if an agent makes the wrong purchase?” Neither source supplies a universal consumer-loss rule.
Why agent identification and records affect a dispute
A conventional card payment generally identifies an account, merchant and transaction. An agent-mediated purchase adds another layer: the instruction that created the authority, the software action that selected the offer and any approval or override that followed. If those events are invisible to the merchant, issuer or payment service, a dispute may look like an ordinary authorized payment even when the user says the agent exceeded its mandate.
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Reliable records should connect the instruction to the resulting action. Useful evidence can include:
- the original goal and every spending, merchant, product and time limit;
- the version or configuration of the agent that acted;
- products and offers considered, including substitutions;
- the final item, seller, price, taxes, shipping and delivery promise shown to the user;
- confirmation, rejection or override events;
- timestamps, order identifiers, payment authorizations and receipts; and
- cancellation requests, support contacts and the responses received.
Good records do not decide liability by themselves. They make it possible to establish whether the agent acted within authority and to route a complaint to the right participant.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Safeguards for businesses deploying shopping agents
A business should treat an ordering agent as part of its customer-facing operation, not as a neutral plug-in. A practical deployment review can follow this sequence:
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- Define permitted outcomes. Write down which products, sellers, prices, delivery terms and payment methods the agent may use, and what it must never do.
- Set an escalation boundary. Require a human or customer confirmation for high-value purchases, unusual substitutions, new merchants, recurring commitments or any transaction outside the original constraints.
- Test consumer-law scenarios. Include cancellation requests, unavailable products, price changes, misleading merchant content, vulnerable customers and attempts to bypass consent.
- Review the supplier. Confirm how the provider tests the model, protects logs, handles incidents, updates the system and supports investigations.
- Monitor production behavior. Track failed orders, complaints, refunds, unusual conversion patterns and cases where the agent’s wording could mislead.
- Keep an accountable owner. Assign a team that can suspend the agent, correct an order, issue a refund and answer a regulator or customer query.
Safeguards for payment and agent designers
Payment-oriented controls address a different part of the problem: proving what authority existed at the moment money moved.
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- Delegated limits: encode amount, currency, merchant, product category, frequency and expiry limits rather than relying on a vague natural-language goal alone.
- Meaningful confirmation: ask for approval when a transaction is consequential or falls outside the delegated scope. A confirmation should show the actual merchant, item and total, not merely say “continue.”
- Agent identity: identify that an agent initiated the interaction so payment participants can apply the right controls and investigate a dispute.
- Action logs: preserve tamper-evident records of instructions, decisions, approvals, tool calls and final payment data.
- Override and shutdown: provide a fast way for the user or business to revoke authority and stop pending activity.
- Dispute routing: explain whether the first complaint goes to the merchant, agent operator, issuer or another payment participant, and retain the evidence each party needs.
EMVCo’s framework released for feedback on September 1, 2026 is a draft focused on secure, interoperable card-based agentic payments. Delegated intent and authority are among its central questions. It is standards-development work, not a final global liability rule, and its draft status should be checked before relying on it for a production design.
How to assess a real AI-ordering deployment
When comparing two deployments, do not begin with the brand or model name. Compare the controls and legal setting:
- Authority level: advisory, checkout preparation or autonomous payment.
- Scope: spending, merchant, product and time limits.
- Human control: confirmation, override and emergency revocation.
- Identity: whether the merchant and payment system can tell that an agent acted.
- Evidence: whether instructions and actions are logged in a form a dispute team can use.
- Redress: cancellation, refunds, complaints and escalation procedures.
- Legal setting: consumer or business-to-business transaction and applicable jurisdiction.
These axes are more useful than a claim that an agent is simply “autonomous.” Two systems using the same description may expose users and businesses to very different risks depending on their limits and records.
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If an agent has placed an order you did not expect, act quickly while the transaction and logs are still available:
- Save the receipt, order number, product page, total and delivery details.
- Export or screenshot the instruction, limits, confirmation screen and agent activity log.
- Revoke the agent’s payment and shopping authority to prevent another transaction.
- Contact the merchant and request cancellation or a remedy under the applicable terms and law.
- Notify the payment provider through its stated dispute process, explaining that an agent initiated the transaction and supplying the authority record.
- Keep a timeline of every message, response, refund and cancellation request.
Whether the purchase is refundable or treated as authorized cannot be determined from the fact that software made the choice. The instructions, contracts, records and governing law remain decisive.
The practical bottom line on responsibility
For a UK business using an AI agent with consumers, the business remains accountable for the agent’s consumer-facing conduct, including when a third-party supplier provides the technology. For a consumer’s own agent, no single worldwide rule says automatically who absorbs a mistaken or unauthorized purchase. Responsibility is resolved through delegated authority, contracts, payment arrangements, evidence and jurisdiction.
The safest architecture makes those facts visible: narrow authority, clear confirmation for consequential actions, agent identification, complete records, continuous monitoring and a workable cancellation and dispute path. Payment-industry standards are moving toward those controls, but the draft work available in September 2026 should not be mistaken for a universal legal allocation of loss.
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