NY Enterprise Council opposes ban on `surveillance pricing’ as anti-consumer



New York’s main enterprise advocacy group is launching a $1 million effort to defeat laws championed by State Legal professional Basic Letitia James that might ban “surveillance pricing” — claiming it might really harm shoppers.

The “One Honest Worth Package deal” consists of two payments that outlaw surveillance or algorithmic pricing, wherein corporations use consumers’ private information to set individualized costs for shoppers.

The same invoice was simply launched within the New York Metropolis Council to ban algorithm-fueled predatory pricing schemes that cost prospects totally different charges for a similar services or products.

Legal professional Basic Letitia James speaks at a rally towards surveillance pricing and the passage of the One Honest Worth Package deal on the Justice Sonia Sotomayor Group Heart in New York Metropolis, on Might 8, 2026. Lev Radin/Shutterstock
New York’s main enterprise advocacy group is launching a $1 million effort to defeat laws championed by State Legal professional Basic Letitia James that might ban “surveillance pricing” — claiming it might really harm shoppers. Lev Radin/Shutterstock

However the Enterprise Council of New York State argues the well-intentional proposal to forestall worth hikes goes too far.

The laws might additionally prohibit tailoring reductions to particular person prospects based mostly on monitoring information or their purchasing historical past, the company advocacy group claimed.

“It’s type of loopy that whereas mainly each New Yorker is demanding affordability, lawmakers in Albany are proposing a invoice that might ban reductions for all New Yorkers and power folks to cross the GW [George Washington Bridge] to purchase issues as a result of it could be cheaper. It makes lower than zero sense,” Paulo Zuber, government vp of the Enterprise Council, advised The Put up.

The “One Honest Worth Package deal” consists of two payments that outlaw surveillance or algorithmic pricing, wherein corporations use consumers’ private information to set individualized costs for shoppers. NY AG James / X

The Enterprise Council slams the laws on its advocacy web site, New Yorkers for Affordability, and plans to run advertisements towards it on digital TV and social media.

“Why is Albany taking our reductions and coupons away?” one advert asks.

However James stated reductions for consumers might be protected — not outlawed — and cited a brand new survey displaying New Yorkers overwhelmingly supported stopping corporations from utilizing their private information to set pricing.

“The One Honest Worth Package deal protects consumers by stopping large corporations from utilizing their private information to govern the costs they pay whereas preserving the reductions, coupons, loyalty applications and promotions for veterans and seniors that customers depend on,” a spokesperson for the legal professional common stated.

“Our laws is supported by a broad coalition of unions, small companies and leaders statewide who’re dedicated to defending New Yorkers’ private information and their wallets.”

The coalition backing the laws contains the Small Enterprise Majority, AARP, NAACP and unions representing grocery retailer employees.

“It makes lower than zero sense,” Paulo Zuber, government vp of the Enterprise Council, advised The Put up, partly. Zach Williams/NY Put up

James’ workplace stated the laws protects reliable customized reductions, together with individualized reductions based mostly on a buyer’s buy historical past.

Promotions similar to 15% off from a restaurant a buyer ordered from earlier than are allowed underneath the proposal, in line with the AG’s workplace.

Reductions based mostly on milestones or life occasions, similar to a birthday or the anniversary of a membership in a rewards program, are additionally allowed.

However a retailer or app can’t use an in depth variety of information factors to set a selected worth for a selected shopper — no matter what it’s referred to as, James’ workplace stated.

Zuber, of the Enterprise Council, disputed the AG’s declare that every one reductions are protected.

He acknowledged the present draft of the proposed regulation exempts some reductions that apply uniformly to all shoppers, like gross sales occasions similar to “25% off this weekend” coupons distributed publicly or store-wide promotions, together with “purchase one get one” free.

The coalition backing the laws contains the Small Enterprise Majority, AARP, NAACP and unions representing grocery retailer employees. NY AG James / X

However Zuber insisted reductions that shops present to people are in danger — similar to “Only for You” customized coupons offered by grocery shops.

“We Miss You” Win-Again Gives, Resort Loyalty Personalised Fee Reductions, “Browse” Gives and Rewards Packages are additionally imperiled underneath the laws, he stated.

“Underneath the invoice, the one permissible loyalty price could be a flat low cost supplied identically to each single member of this system, no matter any behavioral information,” the enterprise group stated.

Main New York retailers additionally use surveillance information to ship customized price-change alerts, similar to: “The merchandise you left in your cart final week simply dropped in worth — right here’s an extra 10% off in the event you full your buy in the present day,” the Enterprise Council stated.



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