The One Fair Price Act has been introduced by Senator Ruben Gallego (D-AZ) to help ensure companies are not taking advantage of customers' personal data to discriminate against Americans by adjusting prices.
“Ever notice the price of a flight suddenly jump right after you search it twice? Or how your grocery app “mysteriously” charges you more than your neighbor for the same produce? That’s not just bad luck. It’s surveillance pricing,” Gallego wrote on X.
The bill helps establish the unlawful practice of charging different prices to different individuals.
The senator argues that price differences are allowed if they're based on the actual costs of providing the product or service to other consumers, or if they're legitimate discounts offered to broad groups like teachers, military personnel, veterans, seniors, or students.
Additionally, surveillance data pricing should not be used if discounts are given to consumers who knowingly sign up for loyalty programs.
Gallego’s persistent argument is: “No company should be able to use your personal data to charge you more.”
Bill Context
However, the prohibition doesn't apply to insurance or credit products.
Violations will be treated as unfair or deceptive practices and unfair competition under the Federal Trade Commission Act (FTC), and the Commission will enforce these rules using the same authority and powers it has under the act.
Violators face penalties under the FTC. The FTC has the authority to enforce these rules against common carriers, nonprofits, and air carriers, and can create regulations to implement this section, with special consideration for small businesses.
The bill also mandates that attorneys general can also sue on behalf of residents to stop violations, enforce compliance, and obtain damages of at least $3,000 per violation or actual damages, whichever is greater, plus other appropriate relief.
The One Fair Price Act has received support from both organizations and elected officials. Highlighting that Americans deserve financial independence and should not be discriminated against for fair prices.
