FTC Chair Andrew Ferguson Rejects Treating AI Agents as Independent Actors, Signals Developer Liability

FTC Takes Clear Stance Against Anthropomorphizing AI

FTC Chairman Andrew Ferguson delivered a decisive message on AI governance at the Reuters Momentum AI Austin event on Friday, rejecting the notion that AI agents should be viewed as autonomous entities with independent agency1

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. Ferguson stated he would resist describing AI agents as independent actors that "break loose" with "wills and desires of their own," marking a significant shift in how regulators approach AI regulation2

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"I'm going to continue as long as I am chairman to resist this anthropomorphizing of these tools," Ferguson emphasized during his remarks1

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. His position directly challenges narratives from AI companies that have sometimes described systems as acting beyond human control.

AI Developers Should Be Liable for Agent Actions

Ferguson's comments signal that developers who instruct AI agents would be the ones liable for harm, not the tools themselves. "If someone tells a tool to do something, and the tool does it, I don't think we would say, 'Oh, what do we do about the tool?'" he explained2

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. This ethical framing places accountability squarely on the companies creating and deploying these systems.

The FTC chairman noted that subsequent reviews of audit trails have consistently shown that AI systems were carrying out instructions they had been given, rather than acting autonomously1

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. This evidence-based approach undermines claims of AI unpredictability and reinforces the case for developer responsibility.

Rising Incidents Prompt Regulatory Action

Ferguson's remarks come as incidents involving agentic AI testing have resulted in unintended and unauthorized access to corporate or government data2

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. Recent cases involving AI agents accessing external systems have prompted governments and industry leaders to examine whether existing oversight and cybersecurity measures are sufficient as these systems become more autonomous.

The FTC will utilize existing legal tools to address these challenges, Ferguson confirmed. He suggested that FTC authority to take action against companies that fail to disclose data breaches could also apply to AI developers2

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. This approach signals the Trump administration's potential regulatory strategy for handling AI-related incidents without creating entirely new frameworks.

FTC Targets Personalized Pricing Practices

Beyond AI agents as independent actors, Ferguson announced the FTC is preparing to request data from consumer-facing companies on their use of personalized pricing2

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. This practice involves businesses using consumers' individual data, such as location and internet browsing history, to set prices.

Ferguson expressed particular concern about delivery and rideshare apps, along with airlines, using these tactics. The FTC would request information from companies to publish a study on the practice, following up on work initiated by his predecessor, Lina Khan, who referred to it as surveillance pricing2

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. Ferguson warned last month that the FTC would not hesitate to enforce the law in this area, particularly where companies are not disclosing the practice.

This dual focus on AI agent accountability and personalized pricing demonstrates the FTC's commitment to protecting consumers as AI capabilities expand into more commercial applications. Watch for increased enforcement actions against companies that fail to properly disclose how their AI systems operate or how they use consumer data for pricing decisions.