Banking and Finance Law Daily Wrap Up, FINANCIAL TECHNOLOGY—CBA white paper calls for early dialogue on AI and consumer payments, (Jan 23, 2026)

By Nora Macaluso

The CBA summarized the views of experts who convened at a symposium on agentic AI payments.

Artificial intelligence tools capable of making decisions and executing consumer transactions on their own have the potential to increase efficiency and benefit consumers, but their growing use also raises “novel questions” that need to be answered before they are made widely available, the Consumer Bankers Association (CBA) said.

“Early, collaborative engagement” of industry participants and policymakers is key to identifying risks and responsibilities and determining whether existing frameworks can support the safe adoption of these tools, the CBA said in releasing a white paper, Agentic AI Payments: Navigating Consumer Protection, Innovation, and Regulatory Frameworks.

So-called agentic AI tools are “poised to become a significant feature of the payments and commerce ecosystem in the relatively near term,” the CBA said.

Kelvin Chen, head of policy at the CBA, linked the advent of these tools to the rise of electronic payments. “Electronic payments only achieved mass adoption because clear rules of the road gave consumers confidence,” he said. “Agentic payments may be at a similar inflection point. Thoughtful dialogue now can help avoid confusion, consumer harm, and fragmented outcomes later.”

“This paper reflects what we heard directly from a remarkably diverse group of experts who are actively building, regulating, using, and scrutinizing these technologies,” said CBA President and Chief Executive Officer Lindsey Johnson. “Agentic AI has the potential to fundamentally change how consumers shop, pay, and manage their finances—but history shows that innovation succeeds when consumers have confidence in the system.

“Our goal is to help ensure that consumer protections evolve alongside technology, not years after problems emerge,” Johnson said.

The 54-page white paper was based on the views of bankers, technology and AI developers, fintech and payment company officials, federal and state regulators, and others who met at a two-day symposium last fall.

Among “key takeaways” from the symposium, according to the paper:

Existing consumer protection rules “have an uncertain application to agentic payments.” For example, it’s not clear that the Electronic Funds Transfer Act and Truth in Lending Act would limit consumers’ liability for unauthorized transaction when agents are involved, and additional “gaps” in the law may become clear as the use of AI payments increases. New payments with fewer consumer protections may also emerge.

Banks will play a key role. If consumer transactions “multiply exponentially” as agentic commerce grows, banks will turn to their financial institutions for help, and customer inquiries "will also increase by the same proportion.”

Immediate government action is unlikely and may not be needed. The Trump administration’s view that AI and agentic tools should be allowed to “flourish” should not stop developers from taking consumer protections into account. Industry may consider developing private network rules like those that “have allowed electronic and card-based payments to flourish.” That “could allow for coherent development of a robust system that allows consumers and others to benefit from agentic payment tools while minimizing their downsides.”

Companies: Consumer Bankers Association

IndustryNews: ChecksElectronicTransfers AINews FinTech PrudentialRegulation