Let me explain what is happening here:
- FDATA is a fintech lobbyist that wants 1033 open banking to happen.
- The current 1033 rule is preliminarily enjoined because it goes beyond the statute: the right is for principal consumers, agents, trustees, or representatives thereof. Not arms-length fintechs
- The AI agent boom happened and this lobby will now try to argue AI agents are common law agents, thereby being entitled to open banking access
Common-law agency requires the agent’s assent or consent to a fiduciary relationship. An AI is not a legal person capable of consent or assent.
Fintech lobby BTFO… AGAIN!
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Absolutely wild to see actual practicing attorneys claim AI agents are common law agents. Didn't they read Restatement of Agency in law school? SMH