FTC Chair Ferguson says companies cannot blame AI agents for their actions

At a Reuters event on Friday, Sept. 25, FTC Chair Ferguson said companies cannot hold AI agents responsible for their actions. He said the distinction has immediate consequences for merchants, banks and FinTechs as AI agents gain more decision‑making power. Ferguson said he prefers using existing legal tools to address harms before creating a separate regulatory framework for AI agents.

A 2025 FTC staff study found that pricing intermediaries could use location, browsing behavior and shopping history to tailor prices or promotions. In August the FTC released a draft policy statement on the undisclosed use of personal data to set prices, which remains a proposal. Ferguson said the agency plans to seek information from consumer‑facing companies about personalized pricing to see if merchants with extensive data charge different people different prices. He noted that a receipt shows what a customer paid but cannot explain why that price was shown, so businesses must understand the data, instructions and limits behind automated decisions.

Before Ferguson’s remarks, the FTC had already studied how pricing intermediaries use personal data to tailor offers. In August the agency issued a draft policy statement on the undisclosed use of personal data for pricing, which remains a proposal.

What we know

FTC Chair Ferguson spoke at a Reuters event on Friday, Sept. 25.
A 2025 FTC staff study found that pricing intermediaries could use location, browsing behavior and shopping history to tailor prices or promotions.
In August, the FTC released a draft enforcement policy statement concerning the undisclosed use of personal data to set prices.
Ferguson said the FTC is preparing to seek information from consumer-facing companies about personalized pricing.
The distinction has immediate consequences for merchants, banks and FinTechs.