Assembly Passes Legislation to Protect New Yorkers from Surveillance Pricing

Assembly Passes Legislation to Protect New Yorkers from Surveillance Pricing

Speaker Carl Heastie and Assemblymember Emérita Torres today announced that the Assembly has passed legislation prohibiting surveillance pricing to protect New Yorkers from predatory pricing tactics (A.9349-B, Torres).

"As prices are rising on everyday household goods, we need to make sure that companies aren't using invasive and predatory practices to raise them further," Speaker Heastie said. "Putting a stop to surveillance pricing will help protect our hardworking families and ensure that the price they're getting is fair and not manipulated by their personal data."

"The Assembly's passage of the One Fair Price Act is a major victory for consumers and affordability. While technology can benefit consumers, surveillance pricing is not innovation-it is exploitation," said Assemblymember Torres. "By using vast amounts of our personal data and algorithms to determine how much someone is willing to pay, companies can charge different prices for the same product or service. New Yorkers deserve a fair and transparent marketplace where they can compare prices with confidence and know they are being treated equally. This legislation protects consumers, promotes affordability and ensures a fairer marketplace for all."

Many companies use personal data - including browsing history, geolocation, purchase behavior and online activity - to set individualized prices. Allowing them to charge different consumers different prices for the same good or service has resulted in discriminatory pricing and economic harm. A recent study in Consumer Reports confirmed that Instacart's AI-enabled pricing inflates grocery bills by more than 23 percent. And a 2025 Federal Trade Commission report detailed companies' use of location and browser history to set individualized prices.

To combat these invasive and discriminatory practices, and to help keep companies from driving up prices on New Yorkers at a time when prices are already rising, the Assembly has passed legislation to prohibit personalized algorithmic pricing and restrict the use of personal data for surveillance pricing. Additionally, if automated pricing systems are used, it must be clearly disclosed.