Wells Fargo agreement makes customers liable for AI agent actions

For the general counsel at a regional bank

Wells Fargo has updated its Online Access Agreement, effective Nov. 24, to make customers responsible for AI agent activity and to require them to keep proof that they revoked an agent's authorization, American Banker reported on Nov. 2.2

A Wells Fargo spokesman told American Banker that customers may authorize or revoke an AI agent outside Wells Fargo, and that the bank may not otherwise have visibility into when a revocation occurred.2

The agreement says customers remain responsible for all of an AI agent's activities until they notify the bank of revocation, to the extent permitted by law or regulation, and must give the bank evidence of revocation on request, according to the text quoted by American Banker.2

A dev.to post summarizing American Banker's review says a new Section 15 deems anything an agent does under a customer's login to be authorized by the customer without additional verification, including unintentional actions and manipulated inputs; American Banker's excerpt cites the notification step as Section 17(d), and we did not see the agreement itself.12

The spokesman's statement, as reported, did not say what counts as evidence of revocation, a question American Banker had put to the bank.2

American Banker reported that JPMorganChase has also changed its terms to make customers liable for actions of AI agents they authorize, and the dev.to post says, citing Axios and Reuters reports from Oct. 22, that JPMorgan, Bank of America, Citi and Morgan Stanley block third-party agents from customer accounts.12

Why it matters

Banks that allow customer-directed agents must decide who bears losses from agent errors and manipulated inputs, and Wells Fargo's wording puts the burden of proof on the customer. Executives should expect disputes over what counts as revocation evidence, and should review their own agreement terms and dispute processes against what regulators and courts will accept.

What’s next

The updated Wells Fargo Online Access Agreement takes effect on Nov. 24.12

From the brief

Our take. Wells Fargo built a waiver where JPMorgan, Bank of America, Citi and Morgan Stanley built walls. Your bank must pick one, and a clause calling a prompt-injected payment 'authorized' may not survive a customer's error dispute.

Action. Legal and compliance: Test any agent-liability clause in your online access agreement against your error-dispute procedures before choosing to block or permit agent logins.

From our records

Sources

  1. ReportWells Fargo shifts AI agent liability onto customers - DEV Community Dev
  2. Also reported byWells Fargo wants customers to prove they've revoked AI agents American Banker
  3. Also reported byLiability looms over AI shopping Paymentsdive