LegalReader.com  ·  Legal News, Analysis, & Commentary

News & Politics

When AI Stock Picks Go Rogue, Can You Sue the Algorithm?


— August 1, 2024

The laws about robo-advisors are still changing, so staying informed and updated is important.


Robo-advisors are the new digital money managers. They aren’t sci-fi robots you see in movies but smart investment tools powered by AI.

They’re like a financial wizard without a wand. They are designed to grow your wealth automatically, which helps you reduce stress when investing. They are becoming popular nowadays because of their convenience and reliability.

Risks and challenges of AI-powered investment strategies

These AI systems are often “black boxes,” meaning even the people who created them can’t always tell you exactly how they make decisions. While the robo-advisors are built to be smart, they could be better. They’re like calculators that crunch numbers but can’t further explain their work.

This lack of transparency can lead to some problems:

  1. It has biased data: If you feed the AI information that is not complete or fair, its decision might be off.
  2. It has unexpected glitches: Sometimes, the system can act weird for reasons we don’t understand.
  3. Can’t deal with market curveballs: These AIs are great with normal market behavior but might struggle with unexpected events.
  4. It wasn’t built as a one-size-fits-all issue: While they try to personalize, robo-advisors might not catch all the nuances of your unique financial situation.

Who’s responsible for legal recourse for AI-driven investment losses? 

When AI-powered investment tools make bad decisions that wipe out investors’ savings, it’s unclear who is legally responsible. As these robo-advisors become more common, this is a growing concern for most users.

Current rules for financial advisors need to fully address the unique issues of AI systems. It’s more difficult to ensure that a client’s interests come first when a computer makes investment choices rather than a real person.

If a financial firm’s AI makes mistakes, it might be held responsible under “enterprise liability,” the idea that companies are accountable for their tech systems’ actions. But if the AI came from another company, that provider might have some legal protection, leaving the investment firm open to lawsuits.

Some concerns are that AI trading programs could break market rules, creating more legal risks.

Can you sue an AI investor? 

When your AI stock-picking assistant mixes up a disastrous portfolio, you might be tempted to take it to court. But unfortunately, the algorithm itself can’t be sued since it’s not a real legal person.

However, investors who lost money due to robo-advisor mistakes might have a few ways to take legal action:

False advertising

If the robo-advisor marketing materials make exaggerated, misleading claims about their risk management capabilities that are not true, that is considered false advertising. Investors can file a lawsuit if they prove they trusted these claims and lost money.

Negligent development

Robo-advisors are made to make careful investment choices, just like human advisors. If their decisions are extremely risky or unwise, investors might claim the company was negligent. 

This means the company needs to exercise proper care when creating or using the AI system. To win such a case, investors would need to demonstrate that the robo-advisor’s actions fell below the expected standard of a competent financial advisor.

Fiduciary duty

Robo-advisors are created to put their clients’ interests first. If the AI system makes choices that benefit itself or the company more than the client, it might be breaking this duty. 

For example, it might recommend investments that earn higher fees for the company but aren’t best for the client. However, this is a new area of law, and courts still need to deal with many cases like this.

Smart strategies for using robo-advisors

As robo-advisors become more common, investors should be careful when using these automated investment tools. Before you sign up, make sure you understand how they work and what the risks are.

Research the company’s reputation

Don’t just trust a robo-advisor because it has a good website. Instead, check how long the company has been in business and understand how it invests money. It’s also important to look for past problems with regulators or lawsuits and see how well they’ve performed over time. It’s safer to choose a robo-advisor that has been around longer and has shown steady results.

Know your comfort with risk

Robo-advisors use computer programs to decide how to invest your money. They base this on answers you give to their questions. But these programs need to fully understand how much risk you’re okay with, especially when markets are unpredictable. 

Be honest about how much money you’re willing to lose if investments go down. If you feel the robo-advisor is taking more risk than you’re comfortable with, it’s okay to ask for investment changes.

Stay involved with your investments

Man with laptop and phone working on investing; image by Chris Liverani, via Unsplash.com.
Man with laptop and phone working on investing; image by Chris Liverani, via Unsplash.com.

Robo-advisors make investing easier but don’t just set them up and ignore them. Keep an eye on your investments regularly. Check how they’re doing and be ready to make changes if your goals change or you want to take more or less risk.

Look at other investment choices

Robo-advisors often use ETFs (Exchange-Traded Funds) to invest their money. ETFs are a good way to invest in many companies at once without spending too much. But you can buy these ETFs yourself without using a robo-advisor. 

This could save you money on fees. If you’re willing to manage your investments, consider learning about ETFs and how to buy them directly. Researching the best ETFs can help you make informed decisions and maximize your returns.

Summing up

Robo-advisors use computer programs to invest your money automatically. While convenient, they come with their risks and legal questions. It’s important to be careful when using these tools. Do your research and stay involved with your investments. 

The laws about robo-advisors are still changing, so staying informed and updated is important. Consider managing your investments if you can – this can give you more control and might cost less in fees. Know how your money is being managed. After all, it is still your own money. 

Join the conversation!