Bill bans algorithmic price discrimination, gives consumers right to sue
S. 3387 — One Fair Price Act of 2025 · Filed by Ruben Gallego (D-AZ) · 3 cosponsors · Introduced Dec 8, 2025 · Referred to committee
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What it does
This bill prohibits companies from charging different prices to different customers for the same product based on personal data collected about them (surveillance data). It allows exceptions for legitimate cost differences, group discounts (teachers, veterans, students), and loyalty programs—but only if the company discloses the basis for the price difference upfront and applies it uniformly. The FTC and state attorneys general can enforce the rule, and individuals harmed can sue for damages of at least $3,000 per violation, with treble damages for willful violations.
Why we flagged it
The bill's core mechanism is a straightforward prohibition on surveillance-based price discrimination, with safe harbors for legitimate pricing practices. It is consumer-protective legislation, not a tax measure, subsidy, or commemorative act.
What the text implies
- The bill's definition of 'surveillance data' is broad (personal information, behavior, biometrics, purchased data) and may capture data brokers and third-party data aggregators as liable parties, not just direct retailers.
- The prima facie presumption (defendant presumed liable if two consumers got different prices) shifts burden to the company to prove the difference was not surveillance-based—a significant evidentiary advantage to plaintiffs.
The full analysis lists 5 implications of this text.
Who stands to gain
consumer litigation firms (private right of action with attorney's fees); state attorneys general (enforcement authority and litigation costs)