NY Attorney General Pursues Predatory Pricing Legislation
On March 16, 2026, New York Attorney General Letitia James, together with Senate Deputy Majority Leader Michael Gianaris, Senator Rachel May, Assemblymember Michaelle Solages, and Assemblymember Emérita Torres, along with the United Food and Commercial International Workers Union Local 1500, the Retail, Wholesale, and Department Store Union and AARP New York have called for the passage of the One Fair Price Package.
The One Fair Price Package consists of two bills that would protect New Yorkers from “surveillance pricing.” Surveillance pricing is a scheme in which companies use personal data to set individualized prices for consumers.
The One Fair Price Act, sponsored by Assemblymember Torres and Senator 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.
“When New Yorkers place an order online or go to the grocery store, they should be able to trust that they are seeing the same prices as everyone else, not an individualized price set by an algorithm,” said Attorney General James. “At a time when New Yorkers are already facing higher prices everywhere they look, we must use every tool available to us to protect New Yorkers and keep costs down …”
Surveillance pricing, sometimes called algorithmic pricing, occurs when companies use individuals’ private data to set unique prices for different consumers, and can result 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. Some 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, according to the NY OAG.
According the NY OAG, “[r]esearch shows that surveillance pricing is already impacting everyday purchases. A recent study involving hundreds of shoppers ordering groceries online found that 74% percent of grocery items were offered to consumers at multiple different prices, and some items were offered at up to five different prices at the same time.”
Surveillance pricing is not limited to online shopping either.
Electronic shelf labels permit 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,” says the New York OAG.
The bills in the One Fair Price Package are intended to protect New York consumers and their families by banning surveillance pricing that uses personal data to set individualized prices for consumers and ensure that it’s the products that have prices, not the people.
- The One Fair Price Act (S.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 (S.8616/A.9396) would protect consumers and workers alike by prohibiting the use of ESLs and surveillance pricing in grocery stores and pharmacies.
“As Chair of the Assembly’s Consumer Affairs Committee, I am focused on passing legislation that will strengthen affordability and protect consumers,” said Assemblymember Nily Rozic. “The One Fair Price Package will prevent the type of unscrupulous corporate conduct that hurts working families and worsens the affordability crisis …”
The One Fair Price Package would authorize the NY OAG and impacted New Yorkers to bring civil cases for penalties and restitution against companies or retailers that use surveillance pricing. These bills have been introduced in the State Senate and Assembly, and Attorney General James is expected to work with legislative leaders and the bills’ sponsors to advance the legislation and ensure it is signed into law, so New York consumers are protected from predatory pricing practice.
Richard B. Newman is an attorney general (AG) subpoena lawyer at Hinch Newman LLP.
Informational purposes only. Not legal advice. This article is not intended to and should not be construed as legal advice. May be considered attorney advertising.
