Legislation Banning 'Surveillance Pricing' Prompts Opposition from Businesses

Policy / Government News

Legislation Banning 'Surveillance Pricing' Prompts Opposition from Businesses
Surveillance PricingOne Fair Price PackageAttorney General Letitia James

The 'One Fair Price Package' consists of two bills that outlaw surveillance or algorithmic pricing, which involves using shoppers' personal data to set personalized prices. The Business Council of New York State argues against it, stating it could actually hurt consumers. However, Attorney General Letitia James says discounts will be protected while companies are stopped from using personal data to set prices.

The " One Fair Price Package " consists of two bills that outlaw surveillance or algorithmic pricing, in which companies use shoppers' personal data to set individualized prices for consumers.

State Attorney General Letitia James speaks at a rally against surveillance pricing and the passage of the package at the Justice Sonia Sotomayor Community Center in New York City, on May 8, 2026. New York's leading business advocacy group is launching a $1 million effort to defeat legislation championed by State Attorney General Letitia James that would ban "surveillance pricing" -- claiming it could actually hurt consumers.

But the Business Council of New York State argues the well-intentioned proposal to prevent price hikes goes too far. The legislation could also prohibit tailoring discounts to individual customers based on tracking data or their shopping history, the corporate advocacy group claimed. One ad asks, "Why is Albany taking our discounts and coupons away?

" But James said discounts for shoppers will be protected -- not outlawed -- and cited a new survey showing New Yorkers overwhelmingly supported stopping companies from using their personal data to set pricing. The One Fair Price Package protects shoppers by stopping big companies from using their personal data to manipulate the prices they pay while preserving the discounts, coupons, loyalty programs and promotions for veterans and seniors that consumers count on.

The legislation protects legitimate custom discounts, including individualized discounts based on a customer's purchase history. Discounts based on milestones or life events, such as a birthday or the anniversary of a membership in a rewards program, are also allowed.

However, discounts that stores provide to individuals, such as "Just for You" personalized coupons provided by grocery stores, are at risk under the legislation. Major New York retailers also use surveillance data to send personalized price-change alerts

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Surveillance Pricing One Fair Price Package Attorney General Letitia James Business Council Of New York State Discounts Coupons

 

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