New York lawmakers want to stop companies from using personal data to charge different prices for the same product.
Assemblymember Emérita Torres and Sen. Rachel May have introduced the One Fair Price Act (A.9349), which would prohibit businesses from using consumers’ personal information to set individualized prices — a practice known as surveillance pricing.
The bill would require that the same product carry the same price for all customers.
Torres said online shoppers often face fluctuating prices driven by data collection rather than supply and demand.
“When you walk into a store, you are used to seeing a price tag on a product, which is the same price for everyone else in the store,” Torres said. “When shopping online, however, there is no set price that we can trust. Study after study has shown that prices for the same goods or services fluctuate not just based on supply and demand anymore, but by the vast amounts of our personal data being collected by corporations. It’s time for New York to step up and protect consumers from this disturbing practice.”
May said companies increasingly track consumers’ purchases and online activity, then use that information to set different prices.
“Corporations already want to track virtually every New Yorker’s income, every purchase, every click. Now they want to use that data to charge different people different prices for the same product. That’s surveillance pricing, and while it sounds like science fiction, it’s more and more our reality,” May said. “We must pass legislation to ban it now, just as we’ve already banned price gouging. Thanks to our legislative partner, Assemblymember Emérita Torres, for working on these issues together.”
Supporters point to recent findings from the Federal Trade Commission that show companies use large amounts of personal data and algorithms to set individualized prices. Reports from Consumer Reports and Groundwork Collaborative also found that AI-driven pricing systems can raise costs for everyday goods, including groceries.
Attorney General Letitia James backed the proposal.
“The One Fair Price Act will ensure shoppers can trust the prices they see by preventing companies from using their personal data to charge different prices for the same products,” James said.
Torres previously sponsored legislation requiring companies to disclose when they use personal data and algorithms to set prices. The new bill would go further by banning the practice.
If approved, the measure would apply to goods and services sold in New York.
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