Nicholas Mouttotos, ‘A Requiem for the “Illusion” of Consent in Consumer Contracts?’

INTRODUCTION
At a time when artificial intelligence (AI) is developing rapidly, AI agents are projected to do much of the work on behalf of consumers, which involves not only product/service comparisons, but also making transactional decisions. Online travel firms are developing ‘AI-powered travel budd[ies]’ that will be entrusted with customers’ credit cards and make the relevant travel bookings; while OpenAI is already trialing Operator which mimics a human’s use of the web. At the same time, firms are developing robot lawyers, claiming to become the ‘general counsel for the consumer’. These developments have the potential to transform shopping in general, since it will force retailers to rethink the marketing of their products, naturally also presenting challenges for the design
of consumer law, which is largely human-centric …

Nicholas Mouttotos, A Requiem for the ‘Illusion’ of Consent in Consumer Contracts?, Journal of European Consumer and Market Law, volume 14, issue 6, pp 313-324 (2025).

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