This article explores the growing practice of surveillance pricing, where retailers use personal data to determine individual prices. It highlights the FTC's investigation into this issue, the concerns raised by experts, and tips for consumers on how to potentially avoid being overcharged.
It’s 5 a.m. and your toddler is crying. His forehead is hot. You remember, cursing yourself, that you are out of Tylenol. You squint at your phone and order more, selecting the quickest delivery option. Actually, that’s not soon enough. You pay the $2 fee so that it will arrive faster. Wait, where is the thermometer? Fine, order that too. You barely manage to complete the purchase before your kid throws up.
Andrew N. Ferguson, Trump’s pick to replace Khan, dissented from the report, implying that the investigation will not continue. In the absence of concrete policy to oversee or regulate surveillance pricing, it can expand unchecked. That leaves normal consumers out here to fend for ourselves. If your bills continue to be all over the place, and you suspect that you’re getting ripped off simply because of your past shopping behavior, well — you’re not crazy. Here, policy experts share their advice on how to spot surveillance pricing and fight it when it happens.Unfortunately, it’s hard to know if you’ve received a personalized price unless you have the time and energy to compare prices with other shoppers. If you, by all means, cross-check with friends, family members, neighbors, etc.
Finally, Teachout believes that surveillance pricing could also be interpreted as a type of unlawful price gouging. Current laws bar retailers from jacking up prices when there’s some kind of major incident — for instance, stores in New Yorkfrom “charging excessive prices” for PPE and rubbing alcohol at the outset of the pandemic. “Existing price-gouging laws require a trigger — a declaration of emergency, or some other market disruption,” says Teachout.
Business Consumer Rights Surveillance Pricing Data Collection Price Discrimination Consumer Protection FTC
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