New York City Council bans surveillance pricing

Overview

Updated 2 hours ago

New York City's Council voted 44-5 on Thursday to ban retailers from setting prices based on a customer's personal data. The bill fines violators $1,000 per violation and lets small businesses appeal.

The city ban arrives as New York State's own version awaits Gov. Kathy Hochul's signature. Maryland, Connecticut, New Jersey and Seattle have approved similar limits, so a retailer's pricing algorithm may be legal in one market and banned in the next.

Why it matters

If the bans hold, the same online product could no longer carry a different price based on your browsing history, location or inferred income.

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Key Indicators

Council votes in favor

The bill passed 44-5.

Council votes against

Five members opposed the ban.

$1,000

Fine per violation

Penalty set by the city bill.

Voices

Curated perspectives — historical figures and your fellow readers.

People Involved

Julie Menin

New York City Council Speaker

Sponsored and passed the surveillance pricing ban

Organizations Involved

New York City Council

Legislative Body

Passed surveillance pricing ban, 44-5

The city's legislative body.

Timeline

November 2025 November 2026

2 events Latest: Yesterday

November 2026
NYC Council passes surveillance pricing ban
Latest Legislation

Council voted 44-5 to ban prices set from personal data, with $1,000 fines per violation.
Yesterday
November 2025
New York's pricing disclosure law takes effect
Regulation

Businesses must disclose algorithm-set prices using personal data; fines reach $1,000.
November 10th, 2025

Scenarios

Hochul signs statewide surveillance pricing ban

Likely Resolves by End of 2026

Discussed by: Wilson Sonsini analysis; state legislative record

The One Fair Price Act passed the Legislature and awaits Gov. Kathy Hochul. If signed, it would ban personalized pricing statewide and set penalties up to $5,000 for a first violation and $20,000 for later ones. The governor has until Dec. 31, 2026, to act.

NYC ban takes effect and city issues first fine

Possible Resolves by End of 2027

Discussed by: New York City Council; consumer privacy advocates

If the city bill becomes law, enforcement would test the $1,000 penalty. The first fine would show whether retailers change pricing algorithms or challenge the rule in court.

No federal surveillance pricing rule emerges

Likely Resolves by End of 2027

Discussed by: Wilson Sonsini analysis

The Federal Trade Commission began scrutiny of surveillance pricing under the Biden administration. States have since led on bans. If the FTC does not issue a final rule, the state and city patchwork remains.

Historical Context

2 moments from history that rhyme with this story — and how they unfolded.

November 2025

New York Algorithmic Pricing Disclosure Act (2025)

New York began requiring businesses to disclose when an algorithm set a price using a customer's personal data. The law did not ban the practice. It required a clear notice and allowed fines up to $1,000 per violation.

Then

Businesses had to add disclosures to algorithmic pricing.

Now

The disclosure-only approach set the stage for the 2026 ban, which replaces notice with prohibition.

Why this matters now

The city ban moves New York from disclosure to an outright prohibition, the same shift the state bill proposes.

2025-2026

Maryland and Connecticut personalized pricing bans (2025-2026)

Maryland and Connecticut enacted laws limiting personalized pricing in retail. Maryland targeted food retailers and delivery services. Connecticut required disclosure of personalized pricing practices.

Then

Retailers faced a growing state-by-state patchwork.

Now

The laws added to a state-by-state patchwork of pricing rules.

Why this matters now

NYC's vote adds a city-level layer to that patchwork.