Sponsors (4)
The bill protects consumers from surveillance-based discriminatory pricing and strengthens enforcement and transparency, at the cost of increased compliance obligations and litigation risk for businesses and possible loss of some personalized discounts.
Consumers (including low-income shoppers): the bill bans surveillance-based individualized price discrimination, preventing companies from charging different consumers different prices based on tracking data.
Consumers and public overseers: the bill expands enforcement tools (FTC, state attorneys general) and enables private plaintiffs to sue with statutory damages and fee-shifting, increasing access to remedies and deterrence against unfair pricing.
Shoppers: sellers must disclose cost bases and discount eligibility before purchase, improving price transparency and helping consumers make informed buying decisions.
Businesses (especially small firms) that rely on surveillance data: the bill will raise compliance, documentation, and algorithm-adjustment costs, with burdens likely heavier for firms using individualized pricing.
Businesses and companies: the bill creates substantial new private litigation risk — statutory damages up to $3,000 per violation, treble for willful violations, and plaintiff-favoring presumptions — increasing potential legal exposure and defense costs.
Some consumers (including those who benefited from targeted offers): personalized discounts and offers tied to surveillance data may disappear, potentially raising prices for certain shoppers.
Based on analysis of 3 sections of legislative text.
Prohibits using surveillance-derived data to set different prices for the same or similar goods/services, while allowing limited cost-based and broadly-offered discounts under conditions, and assigns FTC enforcement.
Introduced December 8, 2025 by Ruben Gallego · Last progress December 8, 2025
Makes it illegal for businesses to use surveillance data (like browsing history, location, or other tracking-derived profiles) to charge different prices to different consumers for the same or substantially similar products or services, while allowing specific safe-harbor pricing differences such as cost-based variations and broadly offered discounts. Gives the Federal Trade Commission authority to enforce the rule, extends FTC enforcement reach to certain carriers and nonprofits, and adds a related ban and state-enforcement protection for air carriers and ticket agents.