New York Attorney General Letitia James announced on May 8 that she joined with former State Assemblymember Torres, local officials, unions, advocates, and community members in the Bronx to support the “One Fair Price Act” legislative package. The proposed laws aim to protect New Yorkers from “surveillance pricing,” a practice where companies use consumers’ personal data to set individualized prices.
The issue is significant as it addresses concerns about fairness and transparency for consumers who may unknowingly pay more for essential goods based on their data profiles. The legislation seeks to ensure that all consumers are charged the same price for the same product, regardless of their personal information or shopping habits.
James said, “New Yorkers, from the Bronx to Buffalo, are already facing higher prices, and now big companies are using their personal data to charge them even more. The ‘One Fair Price’ legislative package will ban predatory pricing based on surveillance of your data while protecting legitimate discounts and loyalty programs that New Yorkers rely on, including our veterans and seniors. I urge our friends in the state legislature to pass these bills to ensure a fair price for everyone.”
Surveillance pricing involves businesses collecting detailed consumer data—from purchasing habits and income timing to online browsing behavior—and using algorithms that continuously adjust prices based on what an individual might be willing or able to pay at any given moment. This can result in two customers seeing different prices for identical products when shopping online or even in-store through electronic shelf labels (ESL), which allow rapid price changes throughout the day.
A recent survey found that 66 percent of New Yorkers support banning surveillance pricing and ESLs; nearly seven out of ten believe these practices would increase grocery costs. Two-thirds do not trust companies with such tools and worry about potential harm like price spikes during emergencies or charging higher amounts based on perceived ability to pay.
The proposed “One Fair Price” law would prohibit using personal consumer data for individualized pricing but explicitly allows standard discounts such as loyalty programs or coupons. It also enables both affected individuals and the Office of the Attorney General (OAG) to pursue civil actions against violators. According to Jessica Orozco Guttlein of Hispanic Federation: “Every consumer has a right to transparent and fair prices free from manipulative algorithmic surveillance… The shelf price should be consistent regardless of race, zip code, income level or buying patterns.”
The New York Attorney General promotes social justice through civil rights enforcement and consumer advocacy; protects public safety; upholds consumer protections; preserves the environment; operates regional offices across New York State; investigates fraud; oversees charities; mediates tenant disputes; serves as a public law enforcement agency headed by Letitia James—according to the official website.
