Prohibits the use of surveillance pricing

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

• Democratic66

Shown in neutral colors by design; Agora is non-partisan.

◆ The sponsor's argument

Why Rachel May says this is needed

As pricing algorithms become increasingly sophisticated, many companies now use personal data such as browsing history, geolocation, purchase behavior, and online activity to set individualized prices. This prac- tice, often referred to as personalized algorithmic pricing or surveil- lance pricing, allows businesses to charge different consumers different prices for the same good or service based on personal characteristics rather than market conditions. These practices typically occur without meaningful consumer awareness or consent, resulting in hidden discrimination, economic harm, erosion of consumer trust, and invasive data practices. A recent Consumer Reports study released this week found that Instacart's AI-enabled pricing prac- tices inflated grocery bills by as much as twenty-three percent. In early 2025, the Federal Trade Commission released a report detailing how companies use personal data, including location and browser history, to set individualized prices, confirming that consumers may be charged different prices for the same product based on such data. Over the past decade, companies including Staples and The Princeton Review were found to vary prices by zip code, with patterns raising concerns about racial and ethnic discrimination. New York consumers are entitled to transparent and fair pricing. By prohibiting the use of personal data for individualized pricing and regulating opaque surveillance pricing practices, this bill restores consumer autonomy, promotes fairness, and prevents exploitative data- driven pricing practices.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.