New York Passes Legislation Banning Predatory Pricing Schemes
On June 4, 2026, New York state lawmakers passed legislation to prevent surveillance pricing, a predatory scheme in which companies set prices based on personal data such as web browsing history, income, race, and life circumstances. “Surveillance pricing is not about offering consumers a better deal—it is about exploiting our personal data to maximize corporate profits,” said one of the bill’s sponsors, Assemblymember Emérita Torres. “The One Fair Price Act protects consumers from being charged different prices for the same product based on their personal data and online behavior, helps preserve affordability by preventing companies from extracting the highest possible price from New Yorkers, and ensures that small businesses can compete on a level playing field. Most importantly, it restores fairness and transparency to the marketplace by ensuring that New Yorkers pay prices based on the product being sold—not on how much a company believes it can get away with charging them.”
If the governor signs this bill into law, New York will become the third state – after Maryland and Connecticut – to prohibit such practices.
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Lisa Omoto is a Partner in Faruqi & Faruqi, LLP’s Los Angeles office and focuses her practice on consumer protection litigation.