This bill, known as the "One Fair Price Act of 2025," aims to prohibit surveillance-based price setting , making it unlawful for businesses to offer or charge different prices to consumers for identical or substantially similar products or services if those prices are informed by, or based on, surveillance data. Surveillance data encompasses personal information, behavior, or biometrics, whether gathered, purchased, or otherwise acquired. The core purpose is to prevent discriminatory pricing practices that leverage individual consumer data. The legislation includes specific safe harbors for price differences that are not considered surveillance-based price setting. These exceptions include differences based solely on reasonable costs associated with providing the product or service, bona fide discounts offered to broadly defined groups like teachers or seniors, and discounts provided through loyalty programs. However, these exceptions come with conditions, such as clear disclosure of cost bases or eligibility criteria, and a prohibition on using surveillance data from loyalty programs for other purposes like profiling or targeted advertising. The prohibition explicitly does not apply to the business of insurance or credit products. Enforcement of this Act falls primarily under the Federal Trade Commission (FTC) , which can treat violations as unfair or deceptive acts or practices, and unfair methods of competition. The FTC's authority extends to common carriers, nonprofit organizations, and air carriers, which are often outside its typical jurisdiction. Additionally, State attorneys general are empowered to bring civil actions on behalf of their residents, seeking injunctions, damages, or other relief. The bill also establishes a private right of action , allowing individuals harmed by violations to sue for damages, including potential treble damages for willful violations, and invalidates pre-dispute arbitration agreements for such claims. A joint study by the Small Business Administration and the FTC is mandated to assess the Act's impact on small businesses and competition.
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Timeline
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Commerce
One Fair Price Act of 2025
USA119th CongressS-3387| Senate
| Updated: 12/8/2025
This bill, known as the "One Fair Price Act of 2025," aims to prohibit surveillance-based price setting , making it unlawful for businesses to offer or charge different prices to consumers for identical or substantially similar products or services if those prices are informed by, or based on, surveillance data. Surveillance data encompasses personal information, behavior, or biometrics, whether gathered, purchased, or otherwise acquired. The core purpose is to prevent discriminatory pricing practices that leverage individual consumer data. The legislation includes specific safe harbors for price differences that are not considered surveillance-based price setting. These exceptions include differences based solely on reasonable costs associated with providing the product or service, bona fide discounts offered to broadly defined groups like teachers or seniors, and discounts provided through loyalty programs. However, these exceptions come with conditions, such as clear disclosure of cost bases or eligibility criteria, and a prohibition on using surveillance data from loyalty programs for other purposes like profiling or targeted advertising. The prohibition explicitly does not apply to the business of insurance or credit products. Enforcement of this Act falls primarily under the Federal Trade Commission (FTC) , which can treat violations as unfair or deceptive acts or practices, and unfair methods of competition. The FTC's authority extends to common carriers, nonprofit organizations, and air carriers, which are often outside its typical jurisdiction. Additionally, State attorneys general are empowered to bring civil actions on behalf of their residents, seeking injunctions, damages, or other relief. The bill also establishes a private right of action , allowing individuals harmed by violations to sue for damages, including potential treble damages for willful violations, and invalidates pre-dispute arbitration agreements for such claims. A joint study by the Small Business Administration and the FTC is mandated to assess the Act's impact on small businesses and competition.