AI Pricing and the New Transparency Problem
Consumers are used to changing prices. Flights, hotel rooms, rideshares, and event tickets often cost more or less depending on timing, demand, availability, or season. Whether trying to book a flight around the holidays or call an Uber in the rain, that kind of dynamic pricing is familiar to all of us, even when it’s frustrating.
But it’s very different when companies use personal data to decide what a particular consumer may be willing to pay. As artificial intelligence and data analytics become more common, businesses may be able to consider browsing history, location, purchase patterns, device information, search behavior, or other signals lurking in the data when setting prices or presenting offers. The result may be a marketplace where two consumers shopping for the same product at the same time see different prices for reasons they cannot identify.
This shift creates a transparency problem. Consumers may not know whether they are seeing the same price as everyone else, whether a discount is truly meaningful, or whether the price in front of them reflects assumptions the company is making based on their own data. Shoppers may believe they are comparing products in an open market when, in reality, the market is comparing them.
It’s not that technology has no place in pricing. Businesses have always used data to manage inventory and measure demand, tailoring sales and buying patterns, accordingly. And it’s not that every pricing algorithm is inherently unfair or deceptive. The concern is whether consumers understand the rules of the transaction, and if a company is transparent in the market. If a company is using personal information to shape the price that a person sees, consumers have the right to know.
This is especially important as pricing becomes less visible and more individualized. A traditional price tag gives consumers a common reference point. Personalized digital pricing can make that reference point harder to find. Without clear disclosures, consumers may struggle to know whether they are receiving a genuine deal, being steered toward a higher price, or being treated differently based on information they did not realize was being used.
As AI tools become more sophisticated, companies should be careful not to let optimization outpace transparency. Consumers do not need to know every line of code behind a price; they do deserve to know when the price is personal.
Faruqi & Faruqi, LLP focuses on complex civil litigation, including securities, antitrust, wage and hour and consumer class actions as well as shareholder derivative and merger and transactional litigation. The firm is headquartered in New York, and maintains offices in Atlanta, Los Angeles and Philadelphia.
Since its founding in 1995, Faruqi & Faruqi, LLP has served as lead or co-lead counsel in numerous high-profile cases which ultimately provided significant recoveries to investors, direct purchasers, consumers and employees.
To schedule a free consultation with our attorneys and to learn more about your legal rights, call our offices today at (877) 247-4292 or (212) 983-9330.
Zachary Winkler is an associate in Faruqi & Faruqi’s Philadelphia office. Zachary’s practice is focused on Consumer Protection.