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HR8548Rep. Kamlager-Dove, Sydney [D-CA-37] (D-CA)
introduced
S3387119th CongressWALLET
One Fair Price Act of 2025
Sponsored By: Senator Sen. Gallego, Ruben [D-AZ]
Introduced
Summary
This bill would ban surveillance-based price setting that charges different consumers different prices for the same or substantially similar product when those differences are informed by personal or online surveillance data. It also creates enforcement, state and private lawsuit rights, safe harbors for certain discounts, and a tailored rule for air carriers and ticket agents.
Show full summary
- Consumers and households: Stops firms from using surveillance data to set individualized prices. People harmed can sue to recover the greater of actual damages or $3,000 per violation and courts may treble awards for willful violations.
- Businesses and sectors: Allows price differences tied to actual cost differences and broad discounts for groups like teachers, veterans, senior citizens, students, or loyalty members if conditions are met. The prohibition does not apply to insurance or credit products.
- Enforcement and oversight: Gives the Federal Trade Commission authority to enforce and make rules, preserves state attorneys general enforcement, and requires a joint Small Business Administration Office of Advocacy and FTC study with a final report due within 180 days after the study ends.
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Bill Overview
Analyzed Economic Effects
6 provisions identified: 5 benefits, 0 costs, 1 mixed.
New lawsuits and per-violation damages
This bill would let people sue sellers who use surveillance data to charge different prices. A plaintiff could recover the greater of actual monetary loss or $3,000 per violation. Courts could triple awards for willful violations, and winners could get attorney fees and costs. Cases must generally be filed within five years of discovery, and some evidence rules create a presumption that data informed a price difference.
Ban on data-driven price targeting
This bill would make it illegal for sellers to charge different prices to different consumers when those price differences are based on surveillance data. It would apply broadly, including to air carriers and ticket agents. The ban would not apply to insurance or credit products. Some price differences would still be allowed under limited safe harbors.
FTC rulemaking and enforcement
The bill would give the Federal Trade Commission authority to treat violations as unfair or deceptive practices and to make rules under the Administrative Procedure Act. The FTC could enforce the ban against common carriers, nonprofits, and airlines. The Commission must consider small-entity impacts when it writes any rules.
Airline claims not preempted
The bill would make clear that federal preemption rules do not stop state or private lawsuits for surveillance-based price discrimination by airlines and ticket agents. It would also confirm that government entities, including state attorneys general, can bring those claims. This keeps existing court paths open for airline customers seeking damages or injunctions.
Key definitions for price rules
The bill would define core terms used by the ban and remedies. "Surveillance data" and "personal information" are defined broadly to include location, device IDs, browsing and purchase histories, biometrics, and inferred traits. The bill also defines "price," "bona fide discount," and "small business concern" to guide who and what is covered.
Allowed cost differences and discounts
The bill would allow price differences when they reflect real differences in the seller’s cost, if those cost bases are disclosed before purchase. It would allow uniform "bona fide" discounts for broad groups like teachers, military, veterans, seniors, and students if eligibility is disclosed and applied uniformly. Loyalty discounts would be allowed when consumers opt in, but data used to run these programs could not be reused for targeted pricing.
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Sponsors & CoSponsors
Sponsor
Sen. Gallego, Ruben [D-AZ]
AZ • D
Cosponsors
Kirsten Gillibrand
NY • D
Sponsored 12/11/2025
Sen. Booker, Cory A. [D-NJ]
NJ • D
Sponsored 12/11/2025
Sen. Alsobrooks, Angela D. [D-MD]
MD • D
Sponsored 3/19/2026
Roll Call Votes
No roll call votes available for this bill.
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