One Fair Price Act of 2025

This bill prohibits businesses from using surveillance data to charge different prices to different consumers for the same product or service, with exceptions for cost-based differences, certain group discounts, and loyalty programs, and it does not apply to insurance or credit products. It gives the Federal Trade Commission enforcement authority, allows state attorneys general and individuals to sue violators, and requires a study on the impact on small businesses.

Sec. 2, Prohibition on surveillance-based price setting: It is unlawful to charge different prices to different consumers for the same product or service using surveillance data. Exceptions include price differences based solely on reasonable costs of providing the product, bona fide discounts for broadly defined groups like teachers or veterans, and discounts for consumers who knowingly join a loyalty program, provided certain disclosure and uniformity conditions are met. The prohibition does not apply to insurance or credit products. The Federal Trade Commission enforces this as an unfair or deceptive act, with rulemaking authority and jurisdiction over common carriers, nonprofits, and air carriers. State attorneys general may sue for injunctions, damages (at least $3,000 per violation), or other relief. Individuals injured may sue for injunctions, damages (at least $3,000 per violation, tripled for willful violations), attorney's fees, and costs, with a 5-year statute of limitations. Pre-dispute arbitration agreements and joint action waivers are invalid for such claims. The Small Business Administration's Office of Advocacy and the FTC must study the impact on small businesses and competition and report to Congress. Definitions include 'surveillance data' as data related to personal information, behavior, or biometrics, and 'price' as the amount charged including fees and material terms.

Sec. 3, Application to air carriers and ticket agents: The prohibition on surveillance-based price setting is added as an unfair or deceptive practice under federal aviation law for air carriers, foreign air carriers, and ticket agents. State consumer protection claims based on this prohibition are not preempted by federal aviation law.