Nizan Packin, ‘Paywalling Humans’

ABSTRACT
This Article addresses the trend of relegating human customer service to a premium-service in the wake of advancing automation and AI technologies, underscoring the ethical, social, and legal challenges. It emphasizes the need for keeping human interaction accessible and affordable for all, particularly for vulnerable populations, amidst this digital shift. The convenience and efficiency of automated systems such as IVR, chatbots, and virtual-agents have transformed customer support, introducing significant cultural and moral challenges, notably the erosion of personal touch and empathy vital for customer satisfaction and loyalty.

The Article explores customer service automation’s evolution and its im-pact on workforce dynamics, consumers, and the quality of service. It highlights the hidden costs of diminished human interaction, particularly its adverse effects on disadvantaged, elderly, and disabled groups. Through case studies and examples, it showcases this trend’s negative consequences. Further, it discusses the Human-In-The-Loop concept, advocating for an approach that enhances customer experience with automation without sacrificing human interaction. It explores the considerations surrounding automated customer service, emphasizing the enforcement roles of agencies like the Federal Trade Commission (FTC) and Consumer Financial Protection Bureau (CFPB) in upholding consumer protection laws, and the need for regulations to ensure fairness, transparency, accessibility, and consent.

Concluding, the Article calls for technology to augment rather than replace human service, stressing the importance of clear regulations on the afford-ability of human interaction in customer support. It urges policymakers and businesses to ensure that automation does not marginalize those that need human assistance, advocating for equitable access to services.

Packin, Nizan Geslevich, Paywalling Humans (April 19, 2024), Theoretical Inquiries in Law, Forthcoming.

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