Usually, start with the seller or business that published or adopted the listing—not the AI tool that drafted it. That is a practical starting point, not a universal ruling on legal liability: the answer can depend on who controlled and presented the claim, the country’s laws, the marketplace’s role, and whether the error caused a legally recognized harm. Using AI does not, by itself, settle who is responsible.
What determines responsibility for a wrong listing?
Ask who supplied, approved, and published the inaccurate claim, and who appeared to make it to the buyer. Then identify the duty at issue and the harm: a product description that does not match what arrived raises different questions from an unsafe or defective product that causes injury.
- The claim: Identify the exact statement, image, specification, or omission that is wrong.
- Control and presentation: Find out whether the seller wrote or approved it, whether the marketplace edited or adopted it, and whether the page appeared to speak for the platform.
- The issue and loss: Distinguish a mismatch or refund dispute from property damage, personal injury, or another loss that may support a separate legal claim.
- Place and date: Marketplace duties and available remedies vary by jurisdiction, and some rules have transition dates.
The Federal Trade Commission’s November 2024 guide, Buying From an Online Marketplace, advises buyers to review the seller’s description and contact the seller with questions. That guidance makes the seller a sensible first contact, but it does not decide every legal claim.
How the main parties’ roles differ
| Party | Why it may matter | What the cited rules do—and do not—establish |
|---|---|---|
| Seller or merchant | The seller may have supplied, approved, or published the buyer-facing description. | FTC consumer guidance points buyers to the seller first for problems with a marketplace purchase. AI drafting does not automatically shift responsibility away from the business using the listing. |
| Marketplace operator | The platform may provide dispute or refund processes, identify the seller, or present information in a way that appears to come from the platform. | FTC guidance says marketplace policies and services differ. In the EU, the Digital Services Act (DSA) sets specified marketplace duties; its hosting-liability framework is conditional, not blanket immunity or automatic liability. |
| AI tool provider | The tool may have generated wording, but generation alone does not show who made the claim to the buyer or who controlled the published listing. | The sources cited here establish no general rule assigning ordinary marketplace-description errors to AI providers. AI-system rules and product-defect rules address distinct questions. |
| Manufacturer or other product-liability party | This role becomes especially relevant when the product itself is defective and causes covered damage. | Under the revised EU Product Liability Directive, manufacturers are the primary party for compensation for damage caused by a defective product. A platform can be liable under specified conditions or if it performs a defined economic-operator role; that is not a general rule for every inaccurate description. |
What U.S. marketplace rules add
The U.S. INFORM Consumers Act focuses on traceability and reporting for certain high-volume third-party sellers. The FTC’s January 2025 guidance says a seller meets the high-volume definition when it has 200 or more transactions and $5,000 or more in gross revenue during a qualifying 12-month period. At $20,000 or more in annual gross revenue on a particular marketplace, specified seller-information disclosure obligations apply on listing pages or through the alternative records described by the FTC.
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For covered listings, the law also requires a mechanism for consumers to report suspicious marketplace activity. These requirements can help identify a seller; they are not a certification that each product claim has been checked or is accurate. The FTC’s January 2025 page states an adjusted civil penalty of $53,088 per violation for marketplace violations of the Act; that amount is subject to change.
The FTC’s consumer advice is to contact the seller promptly and, if the problem is not resolved, contact the marketplace. Marketplace policies differ: some leave payment, returns, refunds, or delivery issues to buyers and sellers, while others offer processes that may help with refunds when an item is not as advertised.
What EU rules add—and what they do not
Digital Services Act marketplace duties
The DSA requires covered marketplaces to obtain trader information and design interfaces that let traders provide legally required information. A European Commission staff document from 2025 describes these obligations in relation to pre-contractual, compliance, and product-safety information. These duties concern traceability and the platform’s interface; they do not mean that every listing has been independently verified.
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The DSA’s hosting-liability framework is also conditional. In defined consumer-contract circumstances, a platform may not benefit from the hosting exemption if it presents transaction information in a way that leads consumers to believe it came from the platform, or from traders under its authority or control. Whether that applies depends on how the information was presented and the circumstances of the transaction.
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A wrong AI-written description is not, by itself, the same question as compensation for damage caused by a defective physical product. The European Commission’s guidance on the revised Product Liability Directive identifies manufacturers as the primary party for covered damage and describes circumstances in which other economic operators—including importers, authorised representatives, fulfillment service providers, and distributors—may be liable. An online platform may be liable if it acts as a defined economic operator; a mere intermediary may face liability under specific conditions.
The revised directive entered into force on 8 December 2024. Member States must transpose it by 9 December 2026, and it applies to products placed on the market from that date. The prior directive applies to products placed on the market earlier. Do not assume the revised regime governs every past sale.
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What to do when a listing is wrong
- Preserve the evidence. Save the listing or screenshots, note when it appeared, and keep the order details, product packaging, and messages with the seller or marketplace.
- Pin down the discrepancy. Quote or identify the exact claim and compare it with the product delivered. Separate an inaccurate description from a product that is unsafe or defective.
- Identify the seller and check the platform’s process. Review the marketplace’s listing, refund, and dispute policies. Contact the seller promptly; if the issue remains unresolved, contact the marketplace, as the FTC advises.
- Use applicable reporting channels. In the United States, if the seller is a covered high-volume third-party seller, use the marketplace’s suspicious-activity reporting mechanism. In the EU, note the country and relevant dates, and distinguish a possible DSA issue from a consumer remedy or product-liability claim.
- Get advice for significant disputes. For substantial financial loss, injury, or an unresolved legal dispute, seek advice based on the relevant country’s law and the facts of the transaction.
What remains case-specific
No single rule makes the seller, marketplace, or AI provider responsible for every AI-generated listing error worldwide. The available official guidance does not determine what happened in a particular listing, what the seller knew, whether the platform edited or adopted the claim, or which remedy a buyer can obtain. The outcome depends on the relevant jurisdiction, the parties’ conduct, the type of claim, and the evidence.
Sources: Federal Trade Commission, Buying From an Online Marketplace (November 2024) and What Third Party Sellers Need to Know About the INFORM Consumers Act (updated January 2025); Regulation (EU) 2022/2065, the Digital Services Act; European Commission, Responsibilities of online marketplaces: the Digital Services Act (2025 staff document) and Liability for defective products guidance on Directive (EU) 2024/2853; European Commission AI Act Service Desk, Who is responsible, and who is this aimed at?
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