March 16, 2026

NEW YORK - New York Attorney General Letitia James, together with Senate Deputy Majority Leader Michael Gianaris, Senator Rachel May, Assemblymember Michaelle Solages, and Assemblymember Emérita Torres, today rallied with the United Food and Commercial International Workers Union (UFCW) Local 1500, the Retail, Wholesale, and Department Store Union (RWDSU), and AARP New York to call 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 - an unfair pricing 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. I am grateful to Deputy Majority Leader Gianaris, Senator May, Assemblymember Torres, and Assemblymember Solages for their partnership in fighting to ban surveillance pricing and keep New York affordable."

"As Americans are struggling to afford basic necessities, corporations are collecting our personal data to extract every cent they can to pad their pockets," said Senate Deputy Leader Gianaris. "We cannot allow corporate abuse of New Yorkers, and that starts by addressing the predatory practice of surveillance pricing. I want to thank Attorney General James and my colleagues for working to tackle this burgeoning form of corporate great and protect consumers."

"A future where companies use every piece of data they can find to maximize the price every consumer will pay for goods is one we must prevent for New Yorkers," said Senator Rachel May. "My bill would end surveillance pricing, where companies use your personal information to decide how much to charge you. Thank you to Attorney General Letitia James, a true leader in protecting New Yorkers, for including my bill in the One Fair Pricing Package and for her commitment to 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."

"It is appalling that companies are trying to nickel and dime New Yorkers by using their personal information to dictate how much they should pay for bare necessities like groceries and medication," said Assemblymember Michaelle C. Solages. "Even worse, this kind of systematic overcharging can lead to discrimination based on a consumer's race, finances, and the neighborhood they call home. That is why I am proud to sponsor legislation in the One Fair Price Package. These bills will ensure every New Yorker pays the same price as anyone else, protecting everyday shoppers' wallets instead of corporations' bottom line."

Surveillance pricing, sometimes called algorithmic 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.

Research 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 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.

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(S.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(S.8616/A.9396) will 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. I applaud my colleagues, Assemblymembers Torres and Solages, and Senators Gianaris and May, for their advocacy for and commitment to consumers; and I thank Attorney General James for her leadership and partnership in stemming the affordability crisis."

"At a time when New Yorkers' pocketbooks are being squeezed at every turn, the last thing they need is Big Tech supercharging the ability of wealthy corporations to jack up prices even further," said Elizabeth Pancotti, Managing Director of Policy and Advocacy at Groundwork Collaborative. "When New Yorkers head to the grocery store or order essentials online, they should see the same price as their neighbors or the person sitting next to them on the train. The One Fair Price Package puts a stop to corporations using shoppers' data against them."

"New Yorkers are already feeling the effects of sky-high grocery bills. The last thing they need is corporations using AI to set individualized prices and squeeze them even further," said Robert Newell, President of UFCW Local 1500. "This predatory technology breaches personal privacy, drives up prices for shoppers, threatens good union jobs, and has no place in our grocery stores. We applaud Attorney General Letitia James, Senator Gianaris, Senator May, Assemblywoman Torres, and Assemblywoman Solages for their commitment to ending the affordability crisis and protecting consumers and workers alike."

"Buying groceries should not be a gamble, and New York's aisles must not be turned into a casino where corporate algorithms hold all the cards, and shoppers are forced to play the odds on the price of a gallon of milk. The introduction of electronic shelf labeling is a direct threat to both price stability for consumers and the livelihoods of retail workers," said Stuart Appelbaum, President of RWDSU. "These bills would create the strongest possible outcome to stop these predatory 'surge pricing' schemes before they start. These laws are essential to ensuring our state's retail economy remains fair, transparent, and human, and we thank Attorney General Letitia James, Senators Gianaris and May and Assemblymembers Solages and Torres for their leadership in protecting all New Yorkers."

"Surveillance pricing robs consumers of the ability to comparison shop and obscures whether a price is fair," said Beth Finkel, State Director at AARP New York. "It puts older New Yorkers, people on fixed incomes, rural residents, and anyone who depends on online shopping at heightened risk. Consumers - not corporations and not algorithms - should decide what they can afford. AARP New York thanks Attorney General Letitia James, Senator Gianaris, Senator May, Assemblymember Torres and Assemblymember Solages for working to protect New Yorkers from this predatory practice."

The One Fair Price Package will authorize 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 will 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 this predatory practice.