JACKSONVILLE, Fla. — Lawmakers in Washington are raising concerns about “surveillance pricing,” a practice where two people can see different prices for the same item online.
After our reporting last May, which found unexplained price differences for identical products across major retailers, Congress is now taking notice.
Now, members of Congress are pressing federal regulators at the Federal Trade Commission to take action.
During a recent hearing on Capitol Hill, lawmakers questioned whether companies are using personal data — such as shopping habits, location and spending behavior — to estimate how much a consumer is willing to pay, then adjust prices accordingly.
“Consumers should not ever be profiled and charged different prices based on that profile,” said Sen. Jacky Rosen, D-Nevada. “It is an abusive and unfair practice that uses consumer data against them.”
FTC Chairman Andrew Ferguson said the agency is taking the issue seriously.
“I have instructed staff to begin exploring whether the commission needs a policy statement on whether certain disclosures ought to be required if someone is using highly personalized pricing,” Ferguson said.
In May 2025, Action News Jax partnered with sister stations nationwide to test for possible pricing differences. Dozens of shoppers in eight cities checked prices on six products three times a day at some of the country’s most popular retailers.
While most prices remained consistent, some varied significantly.
In one case, the same television cost nearly $200 more for one shopper. In another, a grill was priced nearly $100 higher for some customers.
Some shoppers said the findings were concerning.
“Well, that’s manipulation anyway, and there’s a lot of manipulation that goes on on the internet,” said shopper Amy Booth.
In Orlando, one tester saw the price of a grill jump from $299 to $369, while others continued to see the lower price.
Consumer advocates say the practice can be difficult to detect and even harder to prove.
“Companies have very, very granular, detailed, robust profiles about us as consumers,” said Sara Geoghegan with the Electronic Privacy Information Center.
Some shoppers say they are conflicted about how much it matters.
“Privacy is important,” said shopper Danielle Gooding. “It depends on how bad I want the product.”
As Congress considers whether new oversight is needed, some companies are pushing back, arguing that restrictions on pricing strategies could violate their rights.
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