May 5, 2026

NEW YORK - New York Attorney General Letitia James and Senator Rachel May 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 Senator May and Assemblymember Emerita Torres, 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 are already facing higher prices everywhere they look, and we must use every tool at our disposal to protect families from predatory pricing schemes," said Attorney General James. "The One Fair Price Package bans surveillance pricing that unfairly uses shoppers' personal data to raise prices while defending the fair discounts and promotions New Yorkers count on. We must pass this legislation to ensure one fair price for all."

"New Yorkers shouldn't have to wonder if the price they see is based on who they are instead of what they're buying," said Senator Rachel May. "Companies are using personal data, like browsing history, device type, and even device battery level, to charge people different prices for the same product. That kind of surveillance pricing is unfair, and we can't allow it. My bill bans it and ensures transparency in automated pricing, so consumers know they're being treated fairly. Thank you to Attorney General James for including this in the One Fair Pricing Package and for her leadership in protecting New Yorkers from unfair business practices."

"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 it's the products that have prices, not the people.

• The One Fair Price Act (8623/A.9349) will 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) will 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 will also authorize OAG and impacted New Yorkers to bring civil cases for penalties and restitution against companies or retailers that use surveillance pricing.

"New Yorkers deserve transparency, fairness, and the confidence that they're paying the same price as everyone else," said Congressman John Mannion. "With costs rising due to Trump's tariffs, policies, and Middle East war, we should be doing everything possible to bring prices down and protect consumers - including outlawing shady pricing practices based on personal data. Surveillance pricing is predatory and wrong, and I applaud Letitia James for leading the fight to outlaw it and stand up for working families."

"At a time when New Yorkers are already struggling with the cost of living, the last thing they need is corporations using personal data to quietly charge them more," said Assemblymember Pamela J. Hunter. That's not fairness, and it's not transparency. I'm proud to stand with Attorney General James to make sure prices are set based on products, not people."

"All New Yorkers should be able to pay the same price for the same product. This legislation is essential to ensuring that New York leads the way in combating high prices and ensuring freedom from discrimination based on who you are, where you live, or what your income is," said Assemblymember Al Stirpe. "I'm proud to stand in support of the One Fair Price Package."

"Basic affordability is a struggle for too many New Yorkers, and Syracuse is no exception," said Syracuse Mayor Sharon Owens. "Planning a family budget depends on predictable expenses, whether in a grocery store or online. While technology is a tool used to aid our lives, it should not be used to elevate costs due to data about who I am, where I live, and my spending patterns. Thank you to Attorney General James, Senator Rachel May, and her colleagues for recognizing the practice of surveillance pricing and once again protecting New Yorkers."

"Giant corporations are abusing technology to pursue big profits off the backs of hard-working Americans," said Syracuse City Auditor Alexander Marion. "This legislation is critical to making New York more affordable and preventing the worst excesses of tech giants from reaching deep into our wallets. I thank Attorney General James, Deputy Leader Gianaris, Senator May, Assembly Member Solages, and Assembly Member Torres for their important work on this issue."

"At a time when families are already navigating rising costs, no one should have to worry that their personal data is being used against them at the checkout line," said Onondaga County Legislature Chairwoman Nicole Watts. "Whether in a grocery store or online, the price you see should be the price you pay - fair, transparent, and consistent for everyone. I stand with my NYS colleagues in support of the One Fair Price Package and the effort to protect New Yorkers from surveillance pricing. This legislation is about restoring trust, protecting working families, and ensuring that technology is not used to deepen inequities in our communities."

"Surveillance pricing poses a threat to individuals' right to safeguard their personal data against unauthorized access or misuse. Surveillance pricing, in itself, constitutes a misuse. Proponents argue that surveillance pricing optimizes market efficiency; however, its application in impoverished communities often exacerbates existing systemic inequalities," said Onondaga County Legislature Majority Leader Nodesia Hernandez. "Many constituents reside in 'food deserts' with limited shopping alternatives and inadequate transportation to access cheaper competitors. In affluent areas, shoppers may abandon a store in response to price surges. Conversely, in impoverished areas with limited options, demand is 'inelastic,' enabling algorithms to maintain higher price points without losing customers. The cost of ingredients for a weekly spaghetti dish should remain constant, regardless of the chef, and personal information should not be compromised for preparing such a meal. I am grateful to Attorney General Letitia James, Senator Gianaris, Senator May, Assemblywoman Torres, and Assemblywoman Solages for advocating on behalf of customers in New York through the One Price For All Legislation."

"Onondaga County residents deserve to know that when they shop, whether online or at their local grocery store, they're being treated fairly and paying the same price as their neighbors," said Onondaga County Legislator Chad Ryan. "Surveillance pricing uses people's personal data against them, and that is simply wrong. I want to thank Attorney General Letitia James and the Office of the Attorney General for their tireless work on this critical issue. As a member of the Onondaga County Legislature, I stand firmly behind these efforts to ban this predatory practice and protect consumers across New York State."

"New Yorkers should be able to trust that the price they see is the price they pay," said Onondaga County Legislator Maurice Brown. "Surveillance pricing flips that basic expectation on its head by allowing corporations to use personal data to charge people more based on who they are, not what they are buying. At a time when families are already struggling with the cost of living, we need clear rules that protect consumers and keep our markets fair. I'm proud to stand with Attorney General Letitia James and my colleagues to support the One Fair Price Package and put New Yorkers first."

"When companies use technology to quietly raise prices, that's not innovation-it's exploitation and discrimination," said Frank DeRiso, International Executive Vice President and Local One President, UFCW. "Surveillance pricing and price gouging hurt working families and threaten workers' jobs at the same time. Everyone deserves to pay the same price for the same product.  We are standing up to say enough is enough."

"Buying groceries with dignity means knowing the price on the shelf is the price everyone pays, and that you aren't being profiled by an algorithm because your zip code or your paycheck schedule signals you'll tolerate paying more," said Maura Ackerman, Executive Director of the Syracuse-Onondaga Food Systems Alliance. "The families we hear from are already navigating an affordability crisis that reaches well beyond food, and surveillance pricing would only deepen it. Thank you to Attorney General James, Senators Gianaris and May, and Assemblymembers Torres and Solages for advancing the One Fair Price Package."