Support Continues to Grow for the One Fair Price PackagePackage of Legislation Championed by AG James Would Ban Surveillance Pricing and Electronic Shelf Labels in New York New York Attorney General Letitia James and New York State Assemblymember Emérita Torres today joined local elected officials, labor unions, advocates, and community members to rally in support of the One Fair Price Package. The One Fair Price Package consists of two bills that would protect New Yorkers from surveillance pricing, an unfair pricing scheme in which companies use shoppers’ personal data to set individualized prices for consumers. The One Fair Price Act, sponsored by Assemblymember Torres and Senator Rachel May, would ban surveillance pricing in New York. The Protecting Consumers and Jobs from Discriminatory Pricing Act, carried by Deputy Majority Leader Gianaris and Assemblymember Solages, would ban the use of electronic shelf labels and prohibit surveillance pricing in grocery stores and pharmacies.
“New Yorkers from the Bronx to Buffalo are already dealing with higher prices, and now big companies are using their personal data to charge them even more,” said Attorney General James. “The One Fair Price Package will ban predatory surveillance pricing while protecting the legitimate discounts and loyalty programs New Yorkers – including our veterans and seniors – rely on. I urge our friends in the legislature to pass these bills to ensure one fair price for all.”
“New Yorkers deserve to know that the price they see is the price everyone sees and pays,” said Assemblymember Emérita Torres. “The One Fair Price Act takes a critical and necessary step toward protecting consumers from corporations that use personal data and opaque algorithms to charge people different prices for the same product. At a time when New York families are already struggling with the cost of living, we must ensure transparency and fairness in our digital marketplace. This legislation puts consumers first by stopping corporations' surveillance pricing and ensuring New Yorkers are not being digitally profiled and financially squeezed to their limit.”
Surveillance pricing occurs when companies use individuals’ private data to set unique prices for different consumers and often results in consumers paying more for essential products. Online platforms collect thousands of data points about every consumer, from their usual purchases to when they receive their paycheck or benefits, to even how long they hover over a product online. Companies then use this information to inform pricing algorithms that continuously update to estimate the highest price a consumer is likely willing to pay at any given moment. As a result, two shoppers could visit the same website at the same time and see two different prices for the exact same product.
Surveillance pricing is not limited to shopping online. Electronic shelf labels (ESLs) allow companies to change prices in-store, so that one shopper could buy a gallon of milk at one price while another shopper would pay more for the same gallon later that same day. ESLs not only harm consumers trying to make ends meet while prices continue to rise, but they also threaten the livelihoods of grocery store workers, as they could eliminate the work of grocery clerks.
A recent survey of New Yorkers found that 66 percent support banning surveillance pricing and ESLs. Nearly seven in 10 New Yorkers believe surveillance pricing will increase grocery prices, and two-thirds do not trust companies to use these tools responsibly. New Yorkers also believe these technologies would lead to harmful outcomes, such as price increases during emergencies and charging higher prices based on perceived ability to pay.
The bills in the One Fair Price Package would protect New York consumers and their families by banning surveillance pricing that uses personal data to set individualized prices for consumers and ensure that products, not people, are assigned prices.
- The One Fair Price Act (8623/A.9349) would ban surveillance pricing and prohibit the use of consumers’ personal data to set individualized prices to ensure New Yorkers are charged the same price for the same product.
- The Protecting Consumers and Jobs from Discriminatory Pricing Act (8616/A.9396) would protect consumers and workers alike by prohibiting the use of ESLs and surveillance pricing in grocery stores and pharmacies.
The One Fair Price Package would ban surveillance pricing, but it does not threaten the discounts and loyalty programs that New Yorkers count on. The legislation explicitly allows discounts, including loyalty programs, coupons, subscription pricing, and standard promotions, including for veterans and seniors. The One Fair Price Package would also authorize OAG to bring civil cases for penalties and restitution against companies or retailers that use surveillance pricing.
New York Attorney General Letitia James and New York State Assemblymember Emérita Torres today joined local elected officials, labor unions, advocates, and community members to rally in support of the One Fair Price Package. The One Fair Price Package consists of two bills that would protect New Yorkers from surveillance pricing, an unfair pricing scheme in which companies use shoppers’ personal data to set individualized prices for consumers. The One Fair Price Act, sponsored by Assemblymember Torres and Senator Rachel May, would ban surveillance pricing in New York. The Protecting Consumers and Jobs from Discriminatory Pricing Act, carried by Deputy Majority Leader Gianaris and Assemblymember Solages, would ban the use of electronic shelf labels and prohibit surveillance pricing in grocery stores and pharmacies.
“New Yorkers from the Bronx to Buffalo are already dealing with higher prices, and now big companies are using their personal data to charge them even more,” said Attorney General James. “The One Fair Price Package will ban predatory surveillance pricing while protecting the legitimate discounts and loyalty programs New Yorkers – including our veterans and seniors – rely on. I urge our friends in the legislature to pass these bills to ensure one fair price for all.”
“New Yorkers deserve to know that the price they see is the price everyone sees and pays,” said Assemblymember Emérita Torres. “The One Fair Price Act takes a critical and necessary step toward protecting consumers from corporations that use personal data and opaque algorithms to charge people different prices for the same product. At a time when New York families are already struggling with the cost of living, we must ensure transparency and fairness in our digital marketplace. This legislation puts consumers first by stopping corporations' surveillance pricing and ensuring New Yorkers are not being digitally profiled and financially squeezed to their limit.”
Surveillance pricing occurs when companies use individuals’ private data to set unique prices for different consumers and often results in consumers paying more for essential products. Online platforms collect thousands of data points about every consumer, from their usual purchases to when they receive their paycheck or benefits, to even how long they hover over a product online. Companies then use this information to inform pricing algorithms that continuously update to estimate the highest price a consumer is likely willing to pay at any given moment. As a result, two shoppers could visit the same website at the same time and see two different prices for the exact same product.
Surveillance pricing is not limited to shopping online. Electronic shelf labels (ESLs) allow companies to change prices in-store, so that one shopper could buy a gallon of milk at one price while another shopper would pay more for the same gallon later that same day. ESLs not only harm consumers trying to make ends meet while prices continue to rise, but they also threaten the livelihoods of grocery store workers, as they could eliminate the work of grocery clerks.
A recent survey of New Yorkers found that 66 percent support banning surveillance pricing and ESLs. Nearly seven in 10 New Yorkers believe surveillance pricing will increase grocery prices, and two-thirds do not trust companies to use these tools responsibly. New Yorkers also believe these technologies would lead to harmful outcomes, such as price increases during emergencies and charging higher prices based on perceived ability to pay.
The bills in the One Fair Price Package would protect New York consumers and their families by banning surveillance pricing that uses personal data to set individualized prices for consumers and ensure that products, not people, are assigned prices.
- The One Fair Price Act (8623/A.9349) would ban surveillance pricing and prohibit the use of consumers’ personal data to set individualized prices to ensure New Yorkers are charged the same price for the same product.
- The Protecting Consumers and Jobs from Discriminatory Pricing Act (8616/A.9396) would protect consumers and workers alike by prohibiting the use of ESLs and surveillance pricing in grocery stores and pharmacies.
The One Fair Price Package would ban surveillance pricing, but it does not threaten the discounts and loyalty programs that New Yorkers count on. The legislation explicitly allows discounts, including loyalty programs, coupons, subscription pricing, and standard promotions, including for veterans and seniors. The One Fair Price Package would also authorize OAG to bring civil cases for penalties and restitution against companies or retailers that use surveillance pricing.
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