Andrew Lustigman Publishes Article in Luxury Marketer entitled “New York State May Thwart Algorithm-Determined Surveillance Pricing Based on Individual Shopping Behavior”
Andrew Lustigman Publishes Article in Luxury Marketer entitled “New York State May Thwart Algorithm-Determined Surveillance Pricing Based on Individual Shopping Behavior”
Andrew Lustigman, Chair of Olshan’s Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group, published an article in Luxury Marketer entitled, “New York State May Thwart Algorithm-Determined Surveillance Pricing Based on Individual Shopping Behavior.” The article discusses the New York Legislature’s passage of the One Fair Price Act. If signed into law by Governor Kathy Hochul by December 31, 2026, the Act would ban surveillance pricing in New York and prohibit the use of consumers’ personal data to set individualized, algorithmically determined prices. This would ensure all individuals are charged the same price for the same product. It would also require disclosure of any use of automated pricing systems. The One Fair Price Act does not affect discounts and loyalty programs and explicitly allows discounts, including loyalty programs, coupons, subscription pricing and standard promotions, including for veterans and seniors. The One Fair Price Act also authorizes the Office of the Attorney General to bring civil cases for penalties and restitution against companies or retailers that use surveillance pricing. However, to date, Governor Hochul has not signed the bill into law.
