New Legislation to Ban Companies from Secretly Charging Different Prices Using Personal Data

Press Release

New Legislation to Ban Companies from Secretly Charging Different Prices Using Personal Data

03. 02. 2026

Amid Affordability Crisis, ESILA joins Senator Peters and Labor Leaders in Support of Legislation to Prohibit Surveillance Pricing

Chicago, IL — Economic Security Illinois Action joined State Senator Robert Peters, the Illinois AFL-CIO, UFCW, and Consumer Reports in support of SB 2255, the Surveillance-Based Price Discrimination Act, which would ban surveillance pricing in Illinois and protect working families from being secretly charged different prices based on their personal data. The bill was introduced at a press conference in front of a grocery store in Hyde Park with workers, small business owners, and advocates on Monday morning.

While costs rise, corporations are increasingly deploying new technology to squeeze more money out of Illinoisans. Surveillance pricing allows companies to use personal data — including location, browsing history, purchasing behavior, device type, and other unique information— to charge different people different prices for the exact same product or service.

“As working families struggle to afford basic necessities, greedy corporations are exploiting their personal data to squeeze them for every cent possible,” said Sarah Saheb, Director of Economic Security Illinois Action. “Surveillance pricing is a violation of trust and another barrier to Illinoisans being able to fairly participate in our economy. It’s time to restore fairness and transparency to our marketplace and ban these unfair practices.”

SB 2255 would prohibit companies from setting customized prices based on personal data collected about individual consumers or groups of consumers. This could look like a ridesharing app charging a customer more because they know their phone battery is low and they are desperate for a ride, or an airline charging a mourner more because they have access to search history related to funeral arrangements.

“The Surveillance-Based Price Discrimination Act is commonsense legislation that would protect our residents from price gouging, wage discrimination and data privacy threats,” said State Senator Robert Peters. “At a time where corporations are prioritizing profits and shareholder wealth over consumer affordability and worker pay, this measure would secure the finances, data privacy and equality of all Illinoisans.”

That corporations engage in such practices is not speculation. Documented cases have already been uncovered:

Target recently paid a $5 million fine for geo-pricing TVs based on consumers’ proximity to the store.
Staples charges consumers who live in places with less competition higher prices for the same exact stapler.
Orbitz was found charging Mac users higher prices for hotels because their user data suggested they’d be willing to pay more.
Instacart was found to be charging up to 23% more on groceries for certain customers with their AI-enabled experiments.

“Our personal data shouldn’t be used against us to figure out the most we are willing to pay at check out,” said Grace Gedye, a Senior Policy Analyst at Consumer Reports. “Right as consumers are struggling with affordability, businesses are rolling out new algorithmic pricing strategies to show us different prices than our friends and neighbors. Surveillance pricing is invasive, and it’s also expensive. This bill would curb these tricky pricing tactics and help ensure fairer pricing for all in Illinois.”

This bill would ban these and other practices that involve secret profiling, leaving consumers unaware that they are being charged more than someone else for the same item. Importantly, this is distinct from traditional sales or loyalty programs, which would remain legal under the bill. This includes publicly disclosed discounts for teachers, veterans, or loyalty members.

“Working people are getting squeezed at the grocery store while corporate CEOs rake in record profits,” said Tim Drea, President of the Illinois AFL-CIO. “The Surveillance-Based Price Discrimination Act is about putting a stop to corporate price-gouging schemes and making clear that in Illinois, we stand with workers — not with algorithms that change prices based on when and how you shop. Putting food on the table isn’t a game, and working Illinoisans deserve fairness at the checkout line.”

“Surveillance pricing is discriminatory, manipulative, and has no place in our grocery stores, where working families are already paying too much for items they need,” said Steve Powell, President of Local 881 UFCW. “This is about privacy, fairness, and saving people’s hard-earned money.”