One Fair Price Act of 2025

Summary

Makes it unlawful to set or offer different prices to different consumers for the same or substantially similar product or service when those price differences are based on or informed by surveillance data. The bill creates limited safe harbors for price differences tied only to reasonable cost differences, broad group discounts, and certain loyalty-program discounts that meet disclosure and uniformity rules, and exempts insurance and credit products. It gives the Federal Trade Commission authority to write rules and enforce the ban, treats violations as unfair or deceptive acts under existing FTC law, and specifically adds a prohibition on surveillance-based price setting by air carriers and ticket agents while preserving private and state enforcement rights against such conduct.

• Prohibits using surveillance data to set different consumer prices for the same or substantially similar goods or services.
• Exempts insurance and credit products from the ban.
• Creates safe harbors for price differences based on reasonable cost differences, broad-group discounts, and qualifying loyalty discounts with disclosure and uniformity rules.
• Treats violations as unfair or deceptive acts under the FTC Act and gives the FTC full rulemaking and enforcement authority.
• FTC enforcement authority explicitly extends to common carriers, nonprofits, and air carriers notwithstanding certain jurisdictional limits.
• Adds a specific prohibition on surveillance-based price setting for air carriers and ticket agents under federal aviation consumer-protection law.
• Clarifies federal preemption does not block private lawsuits or state enforcement (including by attorneys general) for violations of the airline surveillance-price ban.
• Requires the FTC to consider its implementing rules as having a significant economic impact on small entities under the Regulatory Flexibility Act.