Aggressive Marketing Strikes with a New Weapon: What Should Be Done for Consumers Protection?

Abstract

 Artificial Intelligence (AI) has many useful applications, ranging from industrial production to entertainment, e-commerce and smart home devices. However, it is also important not to lose sight of its impact on human rights. We argue that AI can have positive and negative effects on consumers and companies, depending on its design, deployment and regulation. In particular, AI can damage consumers by making unfair, biased and false decisions. It can also be used to create effective and sophisticated dark patterns in order to manipulate consumers to make decisions they may not otherwise have made, which makes it difficult for consumers to understand that they are being manipulated. Consumer protection legislation is dynamic, evolving, and requires continuous monitoring, evaluation, and adaptation, especially as AI becomes more advanced and widely used. Understanding the broad range of laws underpinning the complex and sometimes confusing legal landscape around this technology is becoming increasingly important. We encourage companies to follow up on the latest developments and guidance on consumer protection law, and to participate in ongoing dialogue and consultations with relevant stakeholders and regulators where possible.