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119-hr-8229119th CongressWALLET

Lower Grocery Prices Act

Sponsored By: Representative Pappas, Chris [D-NH-1]

Introduced

Summary

Bans surveillance-based personalized pricing for food and groceries. This bill would stop companies from using automated systems and surveillance data to set or offer individualized grocery prices while allowing narrow, disclosed exceptions like cost-based differences, public group discounts, and opt-in loyalty programs.

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  • Families and shoppers: Get clearer disclosures about what data affects prices, a way to correct inaccurate data, and a private right to sue with damages of at least $3,000 per violation and up to triple damages for willful violations.
  • Retailers and platforms: Must publish procedures at least 180 days before using allowed exceptions. Procedures must include data accuracy checks, a consumer correction mechanism, and disclosure of what data and automated systems affect prices.
  • Enforcement and states: The Federal Trade Commission would treat violations as unfair or deceptive acts under the FTC Act and enforce the rule. States may bring civil suits for damages, injunctions, or other relief, and private suits must be filed within 5 years of discovery.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 3 benefits, 0 costs, 0 mixed.

Right to sue over grocery pricing

If enacted, you would be able to sue a seller who used surveillance data to charge different grocery prices. You could recover the larger of your actual monetary loss or $3,000 per violation. A court could increase the award up to three times for willful violations. Prevailing plaintiffs could recover costs and reasonable attorney's fees. You would need to file within five years of discovering the violation. The FTC would treat and enforce violations as FTC Act violations.

States keep stronger surveillance rules

If enacted, this section would not automatically override state laws. States could keep or adopt stronger protections about surveillance-based wage setting or surveillance data collection unless a state law directly conflicts with this federal rule.

Ban on targeted grocery pricing

If enacted, this bill would ban using automated systems and surveillance data to set custom grocery prices. It would define key terms like "automated decision system" and "surveillance data." Some discounts would still be allowed for broad groups (teachers, veterans, seniors, students) and for loyalty programs if you affirmatively enroll. Sellers would have to publicly post procedures at least 180 days before using data, ensure data accuracy, let consumers correct errors, and disclose what data and automated decisions are used.

Sponsors & CoSponsors

Sponsor

Pappas, Chris [D-NH-1]

NH • D

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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