Larger food stores would face limits on personalized pricing

Operators could not charge personalized prices using personal information, use body data to price goods, or raise prices based on shoppers’ traits or expected shopping times. The rules would cover food stores with at least 15,000 square feet of retail sales floor space and their online sales. The listed exceptions would apply to personalized prices and price increases, but never to pricing based on body data. The pricing rules would take effect one year after enactment.

Stores covered by these bans could offer certain discounts, requested-service fees, and prices that differ by store. The exceptions would also apply to those stores’ online sales. No exception could use body data. Except for requested-service fees, prices could not exceed the price offered to everyone. Service fees would need disclosure before purchase and equal amounts under the same service conditions. Store prices would need to be the same for everyone there or for all online orders filled there. Fees and store differences could not depend on shoppers’ traits or expected shopping times. These exceptions would take effect with the pricing rules, one year after enactment.

The Federal Trade Commission would enforce the rules, and state attorneys general could bring lawsuits. State attorneys general could seek court orders and compensation when they had reason to believe a violation harmed or threatened residents’ interests. While the commission’s lawsuit was pending, a state could not sue the same defendant under this section for the same violation. These enforcement provisions would take effect one year after enactment.