By 2030, agentic shoppers could account for up to 20% of all US e-commerce spend, fundamentally reshaping how consumers buy goods and exposing retailers to unprecedented liabilities. This shift, with some analysts forecasting 25% of global e-commerce sales enabled by autonomous agents, according to Pinsent Masons, creates a tension: agentic AI promises market growth, but legal and compliance responsibilities remain undefined. Companies are rushing into this lucrative, legally ambiguous future, potentially trading speed for unforeseen liabilities and regulatory scrutiny. Retailers face full legal and compliance liability for transactions initiated by AI agents they do not control, as highlighted by The National Law Review.
Who's on the Hook? Defining Agentic Liability
The legal burden for agentic transactions falls squarely on businesses deploying AI agents, not the AI model designers, according to Cooley. This means the entity interacting with the agent bears responsibility, even if it doesn't control the agent's underlying design or behavior. This liability transfer creates a significant operational and legal blind spot for retailers.
For example, a major e-commerce site secured a preliminary injunction to prohibit agents from transacting on its site due to unauthorized access to user accounts, as reported by The National Law Review. While Jodie Kelley, CEO of the Electronic Transactions Association, testified in January 2026 that existing principles like authorization and liability apply to agentic contexts, the need for such injunctions proves practical application is problematic. Retailers must now contend with direct legal action against agent behavior they cannot fully anticipate or control.
The Agentic Shift in Consumer Journeys
Agentic AI redefines consumer decision-making by automating complex purchasing processes, shifting control from human interaction. Consumers delegate tasks like price comparison, product discovery, and negotiation to AI agents, streamlining their buying process. This fundamental change means retailers increasingly interact with autonomous systems, not directly with humans. The implication: retailers must adapt their customer engagement strategies to manage transactions initiated by sophisticated AI programs, introducing new layers of accountability and oversight.
The Global Regulatory Scramble
Governments worldwide are initiating policy discussions to define accountability and consumer protection for AI agents. South Africa's Draft National AI Policy, published on 10 April, explicitly addresses AI deployment, risk, and accountability, according to CIO Africa. In the United States, the Consumer Financial Protection Bureau (CFPB) sought comment in August 2025 on personal financial data rights, specifically addressing who can act as a consumer’s representative – a question directly relevant to autonomous AI agents, as noted by datainnovation. Existing legal structures are being stretched to accommodate agentic AI, necessitating new policies to cover the unique challenges posed by autonomous systems.
Towards Standards and Future Frameworks
New standards and adapted legal principles are crucial for secure, interoperable, and accountable AI agent deployment. The National Institute of Standards and Technology (NIST) has launched an AI Agent Standards Initiative to support these systems, as reported by The National Law Review. These standards are essential for fostering trust and enabling responsible agentic e-commerce. Without them, the projected growth of agentic commerce risks being hampered by ongoing legal challenges. Cooley's legal analysis suggests companies embracing agentic e-commerce become the default legal shield for third-party AI agents, a liability transfer likely to lead to costly litigation as agent-driven transactions scale.
If clear legal and technical standards do not emerge swiftly, the promise of agentic commerce will likely be overshadowed by escalating litigation and a fragmented regulatory landscape, hindering its full economic potential.
