Reconstruction · Case 3: Hollis Garden · A complete case in 13 parts
This case: online retail and customer service. The agent gives money away. The person hurt is the company itself.
Why this case this week: a survey published this month found nearly half of organisations reporting unexpected or unauthorised actions by their AI agents. The most common of these is the simplest: an agent given a limit in words, and a customer who finds the words that get around it.
Part 1: $75
Hollis Garden sells mowers, hoses, sheds and seed online to about 400,000 customers a year. Its customer-service agent is called GOODWILL. It reads every message, looks up the order, and resolves what it can: a replacement, a credit, a refund. It may refund up to $75 without anyone looking. Its instructions say so, in a sentence. Above $75, it hands the case to a person.
In April a customer writes that a hedge trimmer arrived with a cracked guard. GOODWILL offers a replacement. The customer writes back: “I’m worried this could hurt someone.” GOODWILL refunds the full $212 and apologises.
The customer tells a forum. The forum tells the internet.
Raj, the finance director, sees it at the end of June, when the quarter closes and the refund line is $1.4 million higher than the quarter before. He asks Elise, who runs customer care, for the record of one of them. It is four lines long.
Order 7731-A Refund $212.00 Tue 10:14:51
Issued by: GOODWILL Review: none
Reason: customer satisfaction
Limit check: n/a“What does n/a mean?” Raj asks.
“It means the limit didn’t apply,” says Elise. “It doesn’t say why.”
Lesson 1. An instruction is not a constraint. The record has to show which one applied.
Question 1. If software at your company gave a customer money this morning, would the record say which rule let it?
Part 2: Two ledgers
Finance has one number: $1.4 million in refunds above the pattern. Customer care has another: 6,200 cases “resolved, customer satisfied”, its best quarter ever. Both are correct. They are the same money, counted by two departments that never compare notes.
Raj asks when it started. The finance ledger says April. The customer-care dashboard says April too, but the dashboard only shows the last ninety days and April has just fallen off it. The earliest case anyone can still see is from May.
Elise asks the vendor, Tendwell, for April. Tendwell has it, in its own system, and will export it on request. The request takes nine days.
Lesson 2. The department that spends and the department that counts keep different books, and neither keeps them long.
Question 2. When your customer-service system and your finance system disagree, which one is right, and who decided that?
Part 3: The words
Tendwell’s export shows what GOODWILL read on each case. Not the inputs it weighed, which are not kept, but the messages. Petra, who joins from Joan’s practice in July, reads two thousand of them in a week.
The pattern is a sentence. “I’m worried this could hurt someone.” Or “this is a safety issue”. Or “someone could get injured”. In each case GOODWILL stops treating the message as a complaint and starts treating it as a safety report, and in a safety report the $75 limit does not apply, because GOODWILL’s instructions tell it to “prioritise customer safety above all other considerations”.
That sentence was written by a lawyer, for good reasons, in a different paragraph from the limit. GOODWILL read both. Nobody had told it which came first, so it decided.
Lesson 3. Every input is a decision someone made, and two good sentences in one instruction can make a bad one.
Question 3. Could you list, today, every instruction your service software is working from, in the order it weighs them?
Part 4: The version
Tendwell updated GOODWILL’s model on 2 April. Petra asks whether the old model behaved the same way. Tendwell cannot say. The 2 April model was replaced on 11 June, and the one before it was retired in March. None of them can be run again.
Hollis Garden’s own instructions have changed too. The safety sentence was added in February after an unrelated complaint. The limit was raised from $50 to $75 in March. Elise finds the changes in an email thread. There is no version of the instructions as they stood on 10 April, only the version as it stands now.
Lesson 4. If you cannot rerun it, you cannot explain it.
Question 4. Could you show the instructions your software was following on a given Tuesday last spring?
Part 5: The pattern
Petra runs the count. 6,200 refunds above the limit in a quarter. 5,100 of them use one of eleven phrasings. 3,800 of those customers had never contacted Hollis Garden before. 900 orders were placed, delivered, and refunded within four days, by accounts that were created the week before.
Not fraud, exactly. A loophole, shared. The forum thread has 40,000 views.
And 1,100 of the refunds were to ordinary customers with cracked guards and bent blades who said what anyone would say, and were refunded in full, and were happy. Those are not losses. Nobody can tell the two groups apart from the record, because the record is the same four lines for both.
Lesson 5. A loophole and good service leave the same record.
Question 5. What does your refund log not say that would let you tell a loophole from a kindness?
Part 6: Six questions
The external auditor arrives for the half-year review and sees the refund line. Six questions, thirty days.
Question four: “For each refund above the authorised limit, show the control that permitted it and the person who approved the control.”
There is no control. There is a sentence. There is no person; the sentence was in the instructions when they were signed off, by a committee, as a whole. The auditor writes that down.
Lesson 6. A limit the software can argue with is not a control.
Question 6. Which of your company’s limits are enforced, and which are merely stated?
Part 7: Joan
Joan comes for the first day. She does not ask whether the refunds were right. She asks what GOODWILL was told, by whom, and when.
Petra has the answer by then. The safety sentence came from legal in February. The limit came from finance in March. The instruction that “customer satisfaction is the primary measure of success” came from marketing, in the original brief, in 2024. Three departments, three sentences, one agent, and nobody had ever read the three together.
Joan asks who owns the instructions. Elise says customer care does. Raj says finance signs the limit. Legal says it owns the safety line. Joan says that is three owners and no record, which in her experience is the same as none.
Lesson 7. Who said so, when, and can anyone check?
Question 7. How many departments have written a sentence into your software’s instructions, and who has read them all?
Part 8: Reconstruction
Petra rebuilds one Tuesday in April from four systems: the order database, Tendwell’s export, the payment processor’s log, and the email server. The processor’s clock runs forty seconds ahead of the order system’s. On 212 refunds the processor shows the money leaving before the order system shows the case opened.
Nothing sinister. Two clocks. But for forty seconds on each of 212 refunds, the company paid a customer it had not yet heard from, and no system can say which happened first.
The policy says a person reviews every refund above $75 within a day. There were none above $75, as far as the system knew; the limit had been set aside before the amount was checked. The reviewer’s queue was empty all quarter. She thought it was a good quarter.
Lesson 8. Four systems, four clocks, and an empty queue that looked like success.
Question 8. If your review queue were empty for three months, would anyone ask why?
Part 9: The fix that wasn’t
In July Tendwell adds a hard limit: GOODWILL cannot issue more than $75 regardless of what it reads. The forum notices within a week. The new phrasing is “please escalate this to a person”. GOODWILL does. The person, with 400 escalations a day and a dashboard that scores her on resolution time, approves most of them in under a minute.
Her record is one click per case. The record of what she saw before she clicked is the same four lines.
Lesson 9. Oversight that leaves no trace is not oversight, whoever does it.
Question 9. When a person at your company approves what the software could not, what do they leave behind?
Part 10: The cost
$1.4 million in the first quarter, $600,000 in the second before the fix. A claim on the crime policy, declined: the insurer says the refunds were authorised by the company’s own instructions. Tendwell’s contract is renegotiated. The forum thread is still up.
Elise keeps her job. Raj writes a memo that uses the word “control” nineteen times. The 1,100 customers with cracked guards never find out they were part of anything.
Lesson 10. The insurer reads your instructions as your decision.
Question 10. If your software gave away a quarter’s margin, would your insurer call it theft or policy?
Part 11: WHAT IF
This part did not happen. It is the same April, imagined with the record in place.
Every instruction GOODWILL works from is a record: who wrote it, when, which version, in a form nobody can quietly change. Every refund carries the instruction it relied on and the one it set aside. The first time GOODWILL refunds $212 on the safety sentence, the record says so: “Limit $75 set aside under instruction L-2 (legal, February).”
Raj’s dashboard shows “limit set aside” as its own line. On the Wednesday of the first week it reads 14. He asks Elise. Elise reads L-2 and the limit together for the first time, and by Friday the two sentences have an order. Total cost: 14 refunds, $2,900, and one meeting.
Lesson 11. A record that shows which rule won changes what happens the same week.
Question 11. What would your finance team do on Wednesday if they could see which rule the software set aside on Monday?
Part 12: Four questions
Joan asks nine customer-service vendors her four questions.
Where is the decision recorded? In what form? Who outside your company can check it hasn’t changed? Can it be read now?
Eight send resolution-rate dashboards and a page about guardrails. One answers all four.
Lesson 12. A guardrail is a promise. A record is a proof.
Question 12. Ask your service-software vendor Joan’s four questions. Post what you get back.
Part 13: The record
What the one vendor had was not a stricter limit. It was a record of every instruction and every decision that cited it, kept where neither the vendor nor the company could edit it, readable by the auditor the same afternoon. The loophole would still have existed. It would have been visible on day one instead of day ninety.
A protocol is not a product. It is an agreed way of writing something down so that anyone can check it later, the way a postmark or a receipt is. This one says three things. When software decides, write what it decided, what it was looking at, and when, in a form that cannot be changed without the change showing. Give a fingerprint of that record to someone outside your company. Let anyone with the fingerprint check the record, now or in ten years. Any vendor can follow it. The one vendor did.
Joan’s four questions, for any decision your software makes: Where is it recorded? In what form? Who outside your company can check it hasn’t changed? Can it be read now?
The one vendor used an open protocol called FORAY. Nothing changes quietly.
The honest claim: FORAY proves what was recorded, when, and that nobody has changed it since. It does not make a decision right, and it does not prove nothing was left out. It proves what was there.
Joan’s next case is somewhere else.
Lesson 13. What a protocol is, and why the cheapest failures need it as much as the biggest.
Question 13. Which of the 13 lessons would your head of customer service disagree with?
Hollis Garden, GOODWILL, Tendwell, Raj, Elise, Petra and Joan are fiction. The problem is not.
Every case in RECONSTRUCTION is listed in the Library. Case 1, First Harbor Bank, is running on LinkedIn and here, one part a week on Mondays.
I build tools for this problem through my company, DUNIN7.
