As the New York legislative session winds down, there’s a push to get two proposed bills on surveillance pricing over the finish line.
“With surveillance pricing, prices are assigned to people, not products,” said New York Attorney General Letitia James in a post on Instagram.
Despite support from James, the One Fair Price Package is facing an uphill climb in the state Legislature.
It’s comprised of two pieces of proposed legislation.
“The One Fair Price Act is currently on the floor,” said Democratic Assemblywoman Emérita Torres.
Torres is sponsoring the One Fair Price Act, which would ban companies from using artificial intelligence and algorithmic tools to analyze a person’s personal data and browsing habits to determine how much they’re willing to pay for a product.
“We’ve had several discussions on it,” said Torres. “I understand there’s been discussions in the Senate as well. I’m feeling good about it.”
Democratic Assemblywoman Michaelle Solages is sponsoring the Protecting Consumers and Jobs from Discriminatory Pricing Act. It protects consumers and workers by preventing the use of electronic shelf labels and surveillance pricing in pharmacies and grocery stores.
“It’s currently being deliberated in the Assembly,” said Solages. “We are in the Rules Committee and we’re waiting to get out of committee.”
One issue critics raise is that if passed, they believe the proposals will hurt customers from receiving discounts like targeted coupons.
“Surveillance pricing should be banned when you provide consumers with higher prices, but what we disagree on is banning surveillance pricing to provide consumers with discounts and lower prices,” said Chelsea Lemon, senior director of government affairs at the Business Council of New York State.
The AARP disagrees with this argument. It sent a letter to both leaders of the New York Legislature in support of the One Fair Price Act.
“Part of the bill allows for preserving bonafide discounts,” said Beth Finkel, state director of AARP New York. “That means of sales, coupons, loyalty programs. It’s what consumers expect and rely on.”
The AARP says it believes this package is especially important for seniors since many are on a fixed income.
The Business Council of New York State points to the state of Colorado which recently vetoed a similar surveillance pricing bill. The governor believed it would have jeopardized savings for residents.