- Recent proposals in New York and New Jersey are signaling broader state interest in so-called “surveillance pricing,” with New York AG Letitia James backing a two-bill “One Fair Price Package” aimed at curbing data-driven price setting, while New Jersey lawmakers advanced a parallel measure focused on grocery stores.
- One of the New York bills, Assembly Bill 9349, would bar businesses from using personal data to set prices for goods and services statewide, while still allowing automated pricing systems that rely on non-personal inputs so long as those systems—and the categories of non-personal inputs behind them—are clearly disclosed.
- New York’s second bill, Assembly Bill 9396, would ban electronic shelf labels and other digital shelf displays in food and drug retail establishments, prohibit personalized algorithmic and surveillance pricing in those stores, and give consumers, employees, and labor groups a private right of action.
- New Jersey’s “Fair Price Protection Act”—which was approved by the Senate Commerce Committee—would likewise make it unlawful to use personal data to vary the price of groceries and other foodstuffs, prohibit electronic shelf labels tied to that practice, and allow the AG to seek actual monetary damages or $50,000 per violation, whichever is greater.