bbieron@platformeconomyinsights.com

New York AG Opposes Surveillance Pricing and Electronic Shelf Labels

May 23, 2026

Report from WRVO
In Brief – New York Attorney General Letitia James (D) is calling for state legislation to ban the use of personal data to influence prices, as well as a measure to prohibit grocery stores and pharmacies in the state from adopting digital shelf price labels. Speaking during a tour through Upstate New York, James said companies should charge “one price for every New Yorker” rather than tailoring prices based on a person’s shopping habits, financial profile, or willingness to pay more. The “One Fair Price Package,” includes two bills. The One Fair Price Act would prohibit surveillance pricing statewide, both online and in retail stores. The Protecting Consumers and Jobs from Discriminatory Pricing Act bans surveillance pricing in grocery stores and pharmacies and prohibits those stores from using electronic shelf labels. (Requiring retail workers to change paper price tags is the “protecting jobs” aspect.) Local Assemblywoman Emerita Torres (D), a sponsor of the bills, said she has personally experienced fluctuating online diaper prices, while Congressman John Mannion (D-NY) says he backs similar federal measures and that consumers should not have to worry that companies are tracking them to alter prices.

Context – Lawmakers in dozens of states are proposing legislation to curb a wide range of business pricing practices variously called “surveillance”, “algorithmic” and “dynamic” pricing that use data to help set prices, often claiming that AI will raise consumer prices. One of the big dividing lines is between bills to prohibit all variable pricing, including online, versus restrictions on pricing in stores. Variable pricing has been a reality online for decades. Sometimes lower, sometimes higher. Shockingly, people only object to higher price offers. Regulating price flexibility online would be unprecedented and disruptive for many businesses. On the other hand, in-store shopper surveillance, data aggregation and individualized prices is AI science fiction, not actual AI uses in actual retail stores. Walmart, which plans to install Digital Shelf Labels in all locations this year, says they improve efficiency and said prices will remain “the same for all customers in any given store.”

View By Monthly
Latest Blog
EU Commission Accepts X’s Plan to Address DSA Transparency Concerns

Report from MediaPost In Brief – The European Commission has announced the approval of X’s plan to address several Digital Services Act (DSA) compliance shortcomings identified by the regulator. The decision follows the €120 million fine imposed on the social media...

TikTok’s Latest EU DSA Charges Allege Failing to Protect Minors

Report from Reuters In Brief – TikTok faces fresh allegations from the European Commission that its platform design violates the EU's Digital Services Act (DSA) by failing to adequately protect minors. The preliminary findings mark the fourth DSA case opened against...

New Jersey Bans So-Called “Surveillance Pricing” for Groceries

Report from NJ.Com In Brief – New Jersey Gov. Mikie Sherrill (D) has signed the Fair Price Protection Act, banning grocery stores and third-party grocery delivery platforms from using consumers' personal data to set or vary food prices. Sherrill said the measure will...

France Officially Sets 15-Year-Old Age Threshold for Social Media

Report from the New York Times In Brief – France has become the first European country to fully approve a nationwide ban on social media for children under 15, with the law expected to take effect as early as Sept. 1. Passed by large majorities in both houses of the...

Platform Economy Insights produces a short email four times a week that reviews two top stories with concise analysis. It is the best way to keep on top of the news you should know. Sign up for this free email here.

* indicates required