Attorney General James Rallies in the Bronx to Ban Surveillance Pricing

May 8, 2026

NEW YORK - New York Attorney General Letitia James and New York State Assemblymember Emérita Torres 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 Assemblymember Torres and Senator Rachel 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. 

"New Yorkers from the Bronx to Buffalo are already dealing with higher prices, and now big companies are using their personal data to charge them even more," said Attorney General James. "The One Fair Price Package will ban predatory surveillance pricing while protecting the legitimate discounts and loyalty programs New Yorkers - including our veterans and seniors - rely on. I urge our friends in the legislature to pass these bills to ensure one fair price for all." 

"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 products, not people, are assigned prices.  

• The One Fair Price Act (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 (8616/A.9396) would 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 would also authorize OAG to bring civil cases for penalties and restitution against companies or retailers that use surveillance pricing.

"We are living through challenging times in our nation, as the cost of living rises, wages remain stagnant, and families struggle to stay afloat financially," said Bronx Borough President Vanessa L. Gibson. "It is more important than ever that we do everything in our power to ensure our residents have the support they need to provide for themselves and their loved ones. That includes preventing companies from using our data to set individualized prices for consumers. I want to thank Attorney General Letitia James, Assembly Member Emérita Torres, and all the sponsors of the One Fair Price Package for prioritizing fairness, transparency, consistency, and equity for consumers across our state, and I look forward to the bill`s passage."

"The fact that 92% of shoppers could end up paying more than the lowest available price for the exact same grocery basket because of surveillance pricing practices should concern every New Yorker," said New York City Council Member Amanda Farías. "Working families already struggling with rising rents, childcare costs, food insecurity, and an ongoing affordability crisis should not have their personal information collected and used against them to influence the prices they pay online or in stores. I am proud to stand with Attorney General Letitia James, Assembly Member Emerita Torres, and consumer advocates supporting the One Fair Price Package to protect consumers and bring greater transparency and accountability to these pricing practices."

"New Yorkers deserve certainty when they shop, yet the rise of electronic shelf labels threatens to turn every grocery trip into a game of chance controlled by opaque algorithms," said Stuart Appelbaum, President of the Retail, Wholesale and Department Store Union (RWDSU). "Electronic shelf labeling isn't a tech upgrade; it's a direct assault on price transparency for customers. By banning these predatory 'surge' and 'surveillance' pricing schemes before take advantage of shoppers, these pieces of legislation ensure New York's economy remains human-centric and fair. We are proud to stand with Attorney General James and our legislative leaders to keep 'dynamic pricing' out of our communities."

"The NAACP New York State Conference proudly supports the One Fair Price Package," said Chris Alexander, Executive Director NAACP New York State Conference. "Communities across New York are struggling to make ends meet. At a moment when every dollar matters, we must stand to protect consumers and end the predatory and discriminatory practice of surveillance pricing."

"Surveillance pricing is a predatory practice disguised as innovation by quietly charging people more simply because it can. For many older New Yorkers, particularly those on fixed incomes or rural residents, it doesn't feel like personalization; it feels like being singled out and ripped off. Pricing should be clear and fair for everyone," said Beth Finkel, State Director at AARP New York. "AARP New York thanks the Attorney General Letitia James, Senator May, and Assemblymember Torres for their leadership on this issue."

"As New Yorkers from the Bronx to Buffalo grapple with rising prices, the last thing they need are AI-powered algorithms ripping them off," said Elizabeth Pancotti, Managing Director of Policy and Advocacy at Groundwork Action. "I'm proud to join Attorney General James and Assemblywoman Torres in urging leaders in Albany to pass this commonsense legislation to ensure all New Yorkers pay one fair price for the food they put on the table for their families, the sneakers they buy for their children, and the medicine they buy at the pharmacy counter."

"Surveillance pricing doesn't just charge some people more than others, it destroys the very idea of a price," said Pat Garofalo, Director of State and Local Policy at American Economic Liberties Project. "When every person sees a different number, and when those numbers shift minute to minute based on data people didn't even know was being collected, a price tag becomes meaningless. The One Fair Price Act draws clear lines to prohibit the exploitation of consumer data. It's so important that the New York legislature move forward with this proposal. Every day they wait New Yorkers are getting overcharged based on data they never agreed to share."

"Every consumer has a right to transparent and equitable pricing - free from manipulative algorithmic surveillance," said Jessica Orozco Guttlein, Senior Vice President for Policy and Communications at Hispanic Federation. "The price on the shelf should be the same price, regardless of your race, zip code, income, or your buying patterns. The New York State One Fair Price Package creates protections for every consumer's right to shop and be treated fairly in stores or online."

"Surveillance pricing is a deeply predatory practice that harms those in our communities who can afford it the least. We know that 3 in 10 Asian New Yorkers live in or near poverty. The NYC True Cost of Living report further showed that 63% of Asian New Yorkers don't have the resources they need to make ends meet," said Catherine Chen, Chief Executive Officer of Asian American Federation. "Algorithmic pricing has already been proven to prey on consumers of color, including Asian Americans. In 2015, a study found that Asian Americans were twice as likely to be charged more for The Princeton Review's online tutoring packages. Surveillance technology has only grown more invasive, and without measures like the One Fair Price Package, low-income and immigrant Asian New Yorkers would have our personal data collected and used against us. AAF supports this measure to ensure fair pricing and protect economic opportunities for consumers and workers alike."

"Surveillance pricing preys on low-income shoppers, older adults and many other vulnerable communities who are struggling to afford basic necessities during an unprecedented affordability crisis," said Thomas Yu, Executive Director of Asian Americans For Equality. "We are grateful to Attorney General James and our legislative leaders for advancing the One Fair Price Package and for taking meaningful steps to protect New York State consumers."