Paywalling humans

Nizan Geslevich Packin

doi:10.1515/til-2025-0009

Article

Paywalling humans

Nizan Geslevich Packin

Published/Copyright: July 23, 2025

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From the journal Theoretical Inquiries in Law Volume 26 Issue 1

Abstract

This Article addresses the trend, in the wake of advancing automation and AI technologies, of relegating human customer service to a premium service, which underscores the ethical, social, and legal challenges. It emphasizes the need to keep human interaction accessible and affordable for all, particularly for vulnerable populations, amidst this digital shift. The convenience and efficiency of automated systems such as IVR, chatbots, and virtual agents have transformed customer support, introducing significant cultural and moral challenges, notably the erosion of the personal touch and empathy that are vital for customer satisfaction and loyalty.

The Article explores the evolution of customer service automation and its impact on workforce dynamics, consumers, and the quality of service. It highlights the hidden costs of diminished human interaction, particularly its adverse effects on disadvantaged, elderly, and disabled groups. Through case studies and examples, it showcases this trend’s negative consequences. Further, it discusses the human-in-the-loop concept, advocating for an approach that enhances customer experience with automation without sacrificing human interaction. It explores the considerations surrounding automated customer service, emphasizing the enforcement roles of agencies like the Federal Trade Commission (FTC) and Consumer Financial Protection Bureau (CFPB) in upholding consumer protection laws, and the need for regulations to ensure fairness, transparency, accessibility, and consent.

In conclusion, the Article calls for technology to augment rather than replace human service, stressing the importance of clear regulations on the affordability of human interaction in customer support. It urges policymakers and businesses to ensure that automation does not marginalize those that need human assistance, advocating for equitable access to services.

^* Nizan Geslevich Packin is a Professor of Law at the Zicklin School of Business, Baruch College, CUNY, and the University of Haifa Faculty of Law. She is also an ECGI Academic Member. The author is grateful for the comments provided by the participants at the TIL Conference at Bocconi University and acknowledges the assistance of AI tools in the editing and refinement process.

Published Online: 2025-07-23

Published in Print: 2025-06-26

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https://doi.org/10.1515/til-2025-0009