AI agents are beginning to do more than recommend products. Increasingly, they can search for products, compare prices, and complete purchases on a consumer’s behalf—a model often called “agentic commerce.” For companies offering subscriptions and other automatically renewing products, this raises new issues when AI agents, rather than consumers, sign up for the subscription.
Existing automatic renewal laws assume that a consumer will interact directly with a merchant’s website or app, review the renewal disclosures, and agree to the renewal terms. Agentic commerce, by contrast, involves AI agents acting on a consumer’s behalf to search for, evaluate, and purchase goods or services, often without a human ever seeing those terms. For example: a consumer could instruct an agent to “find a streaming service with live sports for under $20 a month and sign me up.’”
Payment networks and technology companies are already building infrastructure for these transactions and have developed tools that allow consumers to authorize agents to make purchases within set parameters, such as spending limits and authorization rules.
These tools are designed in part to help merchants confirm that an AI agent has authority to make a purchase.
Automatic Renewal Laws Meet Agentic Commerce
The Restore Online Shoppers’ Confidence Act (ROSCA) governs online transactions involving negative option features, including many automatically renewing subscriptions. ROSCA prohibits a company from charging a consumer through a negative option feature unless the company clearly and conspicuously discloses all material terms before obtaining the consumer’s billing information, obtains the consumer’s “express informed consent” before charging the consumer, and provides a simple mechanism for the consumer to stop recurring charges.
The Federal Trade Commission (FTC) continues to actively enforce these requirements. As we recently discussed, earlier this year the FTC sued JustAnswer, alleging that consumers who believed they were paying a small fee for an expert answer were instead enrolled in a more expensive monthly subscription without their express informed consent.
Many states have their own automatic renewal laws, which may be enforced by state attorneys general (AGs) and, in some jurisdictions, through private litigation. California regulators have been particularly active in this area, including through the California Automatic Renewal Taskforce (CART).
None of these laws, however, squarely addresses what happens when an AI agent sits between the consumer and the merchant.
AI Agent Authorization and Subscription Consent
For example, if a consumer tells an AI agent to “find me the cheapest meal-delivery service and sign me up,” and the agent selects an introductory offer that automatically renews at a higher monthly price, has the merchant obtained the consumer’s express informed consent to those recurring charges? Authorization to make a one-time payment is not necessarily the same thing as consent to future recurring payments.
Agentic commerce also raises questions about what it means to provide a “clear and conspicuous” disclosure. Today, companies spend considerable time evaluating the font size, color, and location of automatic renewal disclosures, including their proximity to price claims and to the button that completes the transaction. Those factors assume a human consumer is looking at a webpage, and we routinely use consumer perception survey data to analyze the net impression of the website.
Subscription Disclosures for AI Agents
An AI agent, however, might instead receive structured information through an API or other machine-readable interface, where completeness could matter more than visual presentation. This could eventually produce two parallel disclosure systems: one designed for consumers and one designed to be reliably interpreted by AI agents. For now, companies should be cautious about assuming that providing subscription terms to an AI agent satisfies their obligation to disclose those terms to the consumer.
Agentic transactions may also make it more important to keep records showing the scope of the consumer’s authorization, such as whether an agent was authorized to make only a one-time purchase, enroll in a subscription, or agree to recurring charges up to a specified amount.
AI Agents and Subscription Cancellation Requirements
Cancellation presents an additional risk. Consumers may increasingly instruct AI agents to manage subscriptions: “Cancel everything I haven’t used in three months,” or “Cancel my gym membership before it renews.”
ROSCA and many state automatic renewal laws require a simple cancellation mechanism. Companies will need processes to prevent unauthorized account changes, but refusing an agent’s cancellation request or requiring the consumer to complete additional steps after authorizing an agent to cancel could create tension with these requirements.
Subscription Businesses Should Prepare for Agentic Transactions
Although no law yet specifically addresses AI agents enrolling consumers in subscriptions, companies should expect regulators to apply existing principles.
Companies accepting purchases through AI agents should consider what records demonstrate the scope of the consumer’s authorization and whether material subscription terms can be communicated both to the agent and, where appropriate, directly to the consumer.
As agentic commerce develops, the FTC, CART, state AGs, and courts may eventually have to confront who actually consented when an AI agent clicks “subscribe.” This is likely to become a pivotal question in future cases.
To learn more, you can watch to our recent discussion on these topics. Venable’s Autorenewal Solutions Team (VAST) continues to monitor developments involving ROSCA, state automatic renewal laws, negative option marketing, and emerging technologies affecting subscription programs.
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