
{"id":3319,"date":"2025-10-15T11:36:34","date_gmt":"2025-10-15T11:36:34","guid":{"rendered":"https:\/\/pronews.in\/index.php\/2025\/10\/15\/surveillance-pricing-why-you-might-be-paying-more-than-your-neighbour\/"},"modified":"2025-10-15T11:36:34","modified_gmt":"2025-10-15T11:36:34","slug":"surveillance-pricing-why-you-might-be-paying-more-than-your-neighbour","status":"publish","type":"post","link":"https:\/\/pronews.in\/index.php\/2025\/10\/15\/surveillance-pricing-why-you-might-be-paying-more-than-your-neighbour\/","title":{"rendered":"\u2018Surveillance pricing\u2019: Why you might be paying more than your neighbour"},"content":{"rendered":"<div aria-live=\"polite\" aria-atomic=\"true\">\n<p>You go into a store to buy a two-litre bottle of milk at your local supermarket and pay $3. But the person before you in the queue paid $3.50. And the person after you paid $2. What if those prices were based on your personal data or circumstances, or even the battery power on your phone?<\/p>\n<p>This may sound like science fiction, but it\u2019s not as far-fetched as you might think.<\/p>\n<p>In July, US group Delta Air Lines revealed that approximately 3 percent of its domestic fare pricing is determined using artificial intelligence (AI) \u2013 although it has not elaborated on how this happens. The company said it aims to increase this figure to 20 percent by the end of this year.<\/p>\n<p>The news raised concerns among consumers that Delta might be using customers\u2019 data to determine what to charge them. So, US Senators Mark Warner, Ruben Gallego and Richard Blumenthal sent a <a href=\"https:\/\/www.gallego.senate.gov\/wp-content\/uploads\/2025\/07\/Delta-AI-Letter.pdf\">letter<\/a> to Delta Air Lines requesting further information about its reported plans to implement AI-driven \u201cdynamic pricing\u201d.<\/p>\n<p>\u201cDelta\u2019s current and planned individualised pricing practices not only present data privacy concerns but will also likely mean fare price increases up to each individual consumer\u2019s personal \u2018pain point\u2019 at a time when American families are already struggling with rising costs,\u201d the letter stated.<\/p>\n<p>Although Delta did not deny using AI to set prices, it replied, telling the senators that it does not use it for \u201cdiscriminatory or predatory pricing practices\u201d.<\/p>\n<p>According to former Federal Trade Commission Chair Lina Khan, however, some companies are able to use your personal data to predict what they know as your \u201cpain point\u201d \u2013 the maximum amount you\u2019re willing to spend for a specific good or service.<\/p>\n<p>In January, the US\u2019s Federal Trade Commission (FTC), which regulates fair competition, reported on a surveillance pricing <a href=\"https:\/\/www.ftc.gov\/system\/files\/ftc_gov\/pdf\/p246202_surveillancepricing6bstudy_researchsummaries_redacted.pdf\">study<\/a> it carried out in July 2024.<\/p>\n<p>It found that companies can collect data directly through account registrations, email sign-ups and online purchases in order to do this. Additionally, web pixels installed by intermediaries track digital signals including your IP address, device type, browser information, language preferences and \u201cgranular\u201d website interactions such as mouse movements, scrolling patterns and video viewing behaviour.<\/p>\n<p>This is known as \u201csurveillance pricing\u201d.<\/p>\n<h2 id=\"what-is-surveillance-pricing\">What is surveillance pricing?<\/h2>\n<p>Surveillance pricing is the practice of monitoring consumer data to set individualised prices in order to maximise profits for the retailer.<\/p>\n<p>Put simply, having access to your personal information enables retailers to charge you the most they think you will be willing to pay.<\/p>\n<p>In a 2024 <a href=\"https:\/\/lawreview.uchicago.edu\/print-archive\/algorithmic-price-discrimination-when-demand-function-both-preferences-and\">research paper<\/a>, Oren Bar-Gill, legal scholar and economist at New York University, describes surveillance pricing as follows: \u201cFuelled by big data, algorithmic price discrimination enables sellers to parse the population of potential customers into finer and finer subcategories \u2013 each matched with a different price.<\/p>\n<p>\u201cIn some cases, sellers are even able to set personalised pricing, marching down the demand curve and setting a different price for each consumer.\u201d<\/p>\n<p>In an interview with economist Robert Reich in July this year, Khan said: \u201cEvidence shows that ride-sharing apps are charging different prices for the exact same rides at the exact same time. It\u2019s not entirely clear, but researchers ran tests and found that riders with lower battery life on their phone were charged more.\u201d<\/p>\n<blockquote>\n<p lang=\"en\" dir=\"ltr\">Delta Airlines reportedly wants to use AI to set individualized ticket prices for passengers.<\/p>\n<p>It&#8217;s the latest company to embrace a shady tactic called &#8220;surveillance pricing&#8221; that weaponizes your personal data.<\/p>\n<p>Watch Lina Khan explain how it works. <a href=\"https:\/\/t.co\/pnRJTyLZq6\">pic.twitter.com\/pnRJTyLZq6<\/a><\/p>\n<p>\u2014 Robert Reich (@RBReich) <a href=\"https:\/\/twitter.com\/RBReich\/status\/1945601838457454997?ref_src=twsrc%5Etfw\">July 16, 2025<\/a><\/p>\n<\/blockquote>\n<p>Uber denies it is deliberately targeting any of its app users with higher prices. However, its former head of economic research, Keith Chen, did reveal in an NPR <a href=\"https:\/\/www.npr.org\/transcripts\/478266839\">interview<\/a> in 2016 that the company had discovered that users with low battery life were more likely to accept surge pricing.<\/p>\n<p>\u201cUber has found that those with a low battery tend to accept the surge price regardless, because they need a ride home that minute, instead of waiting an extra 15 for the surge to possibly go down.<\/p>\n<p>\u201cWe absolutely don\u2019t use that to kind of push you a higher surge price, but it\u2019s an interesting kind of psychological fact of human behaviour.\u201d<\/p>\n<p>Then, in 2023, an investigation by Belgian newspaper La Derniere Heure also found that prices for the same journey on the Uber app can be different for different users. In particular, its test found that the same ride from the newspaper\u2019s office in Brussels would cost more ordered from a phone with 12 percent battery \u2013 17.56 euros ($20.51) than from one with 84 percent \u2013 16.60 euros ($19.39).<\/p>\n<p>When approached for comment, Uber denied this, stating: \u201cUber does not take into account the phone\u2019s battery level to calculate the price of a trip. The dynamic pricing applied to trips booked via Uber is determined by the existing demand for rides and the supply of drivers who can respond to it.\u201d<\/p>\n<h2 id=\"how-does-surveillance-pricing-work-exactly\">How does surveillance pricing work, exactly?<\/h2>\n<p>Retailers can monitor your online behaviour by recording what you click on, your browsing time, location and device choice and combine all this with your purchase history to determine your \u201cprice sensitivity\u201d.<\/p>\n<p>\u201cPrice sensitivity\u201d typically measures how much customers\u2019 buying behaviours change in response to shifts in product prices.<\/p>\n<p>To do all this, they use AI surveillance tools to produce pricing recommendations. These sophisticated systems operate across a spectrum, from broad store-wide pricing strategies to personalised, real-time price adjustments tailored to individual user behaviour patterns.<\/p>\n<p>A wide range of consumer-facing businesses \u2013 both online-only and high-street retailers \u2013 including grocery, apparel, health and beauty, home goods, convenience, hardware and general merchandise retailers, were included in the January FTC surveillance pricing study.<\/p>\n<p>According to the study, these are some of the ways retailers are using surveillance pricing to various degrees:<\/p>\n<ul>\n<li><strong>Targeting \u2018reluctant gamblers\u2019:<\/strong> For instance, the study found, \u201cif a hypothetical customer who visits a sports betting website demonstrates hesitation by lingering on the homepage longer than expected or moves their cursor towards the button to close out their browser tab, the website may trigger a pop-up showing popular sporting events to incentivise the visitor to remain on the website and place a bet.\u201d<\/li>\n<li><strong>Targeting inexperienced buyers:<\/strong> For example, a car dealership could offer an in-store kiosk to help customers explore different vehicle models, features, and financial options for a car. This customer can then potentially be \u201csegmented\u201d as a \u201cfirst-time car buyer\u201d, implying the shopper might be \u201cless savvy about the options available and be promoted particular financing rates, trade-in discounts, or maintenance products\u201d, the study concluded.<\/li>\n<li><strong>Targeting customers selecting \u2018fast delivery\u2019 option:<\/strong> For example, a parent selecting the \u201cfast delivery\u201d option for a purchase of baby formula could be a rushed parent who may be less \u201cprice-sensitive\u201d.<\/li>\n<li><strong>Excluding loyal customers from discounts:<\/strong> For example, the study said, a pharmacy could choose to exclude regular customers from a special promotion for over-the-counter medications or weight-loss supplements because it believes those customers would buy the products anyway. \u201cInstead, it may target discount codes to a group of infrequent buyers for these products who may be \u2018at risk\u2019 of disengaging.\u201d<\/li>\n<li><strong>Analysing customer behaviour:<\/strong> \u201cActions like placing an item in a cart, but not purchasing, or sorting a feed of products from \u2018lowest\u2019 to \u2018highest\u2019 price, could hypothetically be used to infer aspects such as a shopper\u2019s emotional state, purchase intent, or financial sensitivity,\u201d the study concluded.<\/li>\n<li><strong>Video engagement:<\/strong> Online retailers can determine how likely someone is to pay higher prices through measuring their engagement with information videos, the study found. \u201cAn online retailer for survivalist gear, for example, could use the information that a site visitor watched at least 65 percent of a video on its homepage as a signal that they might be receptive to text messages urging them to make a purchase,\u201d it said.<\/li>\n<li><strong>Using personal data for targeted advertisements:<\/strong> For example, a cosmetics company could collect information on consumers\u2019 skin types or skin tone through a survey. \u201cThe company can then use that information about skin tone to target consumers with ads or promotions,\u201d the study found.<\/li>\n<li><strong>Location-based pricing:<\/strong> Retailers can tailor their websites so that visitors see only the specific prices featured in the store nearest to their location.<\/li>\n<\/ul>\n<h2>How is AI used in surveillance pricing?<\/h2>\n<p>Retailers are using AI to gather detailed information about consumers, including login data, location, browsing behaviour, \u201cabandoned cart items\u201d, and even mouse movement patterns, and then feeding this information into pricing algorithms.<\/p>\n<p>AI assesses an individual\u2019s willingness to pay (WTP), then systematically tests various price points to identify the optimal price which will generate the most revenue.<\/p>\n<p>\u201cSellers are increasingly utilising big data and sophisticated algorithms to price discriminate among customers,\u201d says Bar-Gill. \u201cIndeed, we are approaching a world in which each consumer will be charged a personalised price for a personalised product or service \u2026 many retailers and travel sites set personalised prices that vary by hundreds of dollars from one consumer to the next.\u201d<\/p>\n<p>He adds that intermediaries who specialise in identifying consumers\u2019 willingness to pay (WTP) and sell this information to retailers have also begun to emerge.<\/p>\n<h2 id=\"is-this-even-allowed\">Is this even allowed?<\/h2>\n<p>Yes, but it is increasingly being called into question.<\/p>\n<p>This year so far, US state legislators have introduced 51 bills across 24 states aimed at regulating algorithmic pricing, a significant rise from the 10 bills passed in all of 2024.<\/p>\n<p>Many of these legislative measures specifically target rent-setting software, which enables price-fixing in housing markets. Advocates are also pushing for limits on surveillance-driven pricing that tailors costs based on personal data, location or browsing behaviour.<\/p>\n<p>In particular:<\/p>\n<ul>\n<li>On May 9, New York Governor Kathy Hochul signed A3008, banning undisclosed personalised algorithmic pricing.<\/li>\n<li>Two Ohio Senate bills, SB 79 and SB 328, require businesses earning more than $5m to inform consumers if a price or term comes from a pricing algorithm.<\/li>\n<li>California Assembly Bill 446 sought to ban surveillance pricing with personal data. However, it faced strong opposition and was mostly struck down, though debate continues on other bills.<\/li>\n<\/ul>\n<p>Other countries are also introducing regulations. As of April 2025, the Digital Markets, Competition and Consumers Act DMCCA lets the Competition and Markets Authority (CMA), the United Kingdom\u2019s main competition regulator, fine companies up to 10 percent of global revenue for unfair or misleading consumer practices, including hidden or biased digital pricing.<\/p>\n<p>Public participation and regulatory legislation will continue to play an important role in reducing the risk of corporations using personal data for unfair pricing practices.<\/p>\n<h2 id=\"is-surveillance-pricing-new\">Is surveillance pricing new?<\/h2>\n<p>Not really \u2013 it\u2019s more that the name of this practice has changed over time. It has previously been known as \u201cprice discrimination\u201d or \u201cdynamic pricing\u201d.<\/p>\n<p>In 2008, Norwich Union, the UK\u2019s largest insurer, now called Aviva, discontinued its \u201cPay As You Drive\u201d car insurance policy due to customer fears about surveillance and privacy.<\/p>\n<p>The \u201cPay As You Drive\u201d scheme used satellite technology and tracking devices to monitor drivers\u2019 travel patterns, providing discounted premiums to customers who avoided high-risk driving periods.<\/p>\n<p>Today, many UK insurers provide surveillance equipment known as a \u201cblack box\u201d, which new drivers plug into their cars. The better you drive, the lower your premiums.<\/p>\n<p>In the 2000s, Amazon experimented with dynamic pricing, offering varied DVD prices using customer browsing data and website cookies. After many customer complaints, debates about fairness and transparency in e-commerce began. Some critics argued Amazon\u2019s practice resembled price discrimination, raising ethical concerns.<\/p>\n<p>Amazon said the pricing experiment selected random customers only\u00a0and denied intentionally targeting specific buyers.<\/p>\n<p>However, in a September 2000 statement, Amazon issued an apology to customers regarding the price-testing programme and said it had ceased the experiment.<\/p>\n<p>\u201cWe\u2019ve never tested and we never will test prices based on customer demographics,\u201d Amazon CEO Jeff Bezos said in a statement. \u201cWhat we did was a random price test, and even that was a mistake because it created uncertainty for customers rather than simplifying their lives.\u201d<\/p>\n<h2 id=\"how-can-consumers-protect-themselves-from-price-discrimination\">How can consumers protect themselves from price discrimination?<\/h2>\n<p>The FTC Surveillance Pricing report lists several ways in which consumers can protect their data.<\/p>\n<p>These include using private browsers to do your online shopping, opting out of consumer tracking where possible, clearing the cookies in your history or using virtual private networks (VPNs) to shield your data from being collected.<\/p>\n<p>It noted, however, \u201cThese steps can be difficult to maintain and may not be fully effective, since many companies use device fingerprinting or other less obvious tracking methods.\u201d<\/p>\n<p>Device fingerprinting allows companies to track people by using unique information from their devices, such as their browser settings and what hardware and software they use.<\/p>\n<p>Consumers can also use \u201cprivate mode\u201d when browsing to hide their activity\u00a0or just share less personal data. However, advanced tracking technologies still make it difficult to fully escape surveillance-driven pricing mechanisms.<\/p>\n<p>In its July 2024 Surveillance Price Gouging <a href=\"https:\/\/consumerwatchdog.org\/wp-content\/uploads\/2024\/12\/Surveillance-Price-Gouging.pdf\">report<\/a>, California nonprofit organisation Consumer Watchdog recommended that consumers demand more openness from retailers by insisting they disclose how they use personal information to determine pricing, and use existing privacy settings and data opt-out options.<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>You go into a store to buy a two-litre bottle of milk at your local supermarket and pay $3. But the person before you in the queue paid $3.50. And the person after you paid $2. What if those prices were based on your personal data or circumstances, or even the battery power on your &#8230; <a title=\"\u2018Surveillance pricing\u2019: Why you might be paying more than your neighbour\" class=\"read-more\" href=\"https:\/\/pronews.in\/index.php\/2025\/10\/15\/surveillance-pricing-why-you-might-be-paying-more-than-your-neighbour\/\" aria-label=\"Read more about \u2018Surveillance pricing\u2019: Why you might be paying more than your neighbour\">Read more<\/a><\/p>\n","protected":false},"author":1,"featured_media":3320,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[8],"tags":[],"class_list":["post-3319","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-travel"],"_links":{"self":[{"href":"https:\/\/pronews.in\/index.php\/wp-json\/wp\/v2\/posts\/3319","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/pronews.in\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/pronews.in\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/pronews.in\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/pronews.in\/index.php\/wp-json\/wp\/v2\/comments?post=3319"}],"version-history":[{"count":0,"href":"https:\/\/pronews.in\/index.php\/wp-json\/wp\/v2\/posts\/3319\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/pronews.in\/index.php\/wp-json\/wp\/v2\/media\/3320"}],"wp:attachment":[{"href":"https:\/\/pronews.in\/index.php\/wp-json\/wp\/v2\/media?parent=3319"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/pronews.in\/index.php\/wp-json\/wp\/v2\/categories?post=3319"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/pronews.in\/index.php\/wp-json\/wp\/v2\/tags?post=3319"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}