One Fair Price Act

Summary#

This bill, the One Fair Price Act of 2025, would make it illegal for a person or company to offer or charge different prices to different consumers for the same or a substantially similar product or service if those price differences are informed by surveillance data. "Surveillance data" is defined to include personal information, behavior, or biometrics that are gathered, purchased, or otherwise acquired.

The bill creates limited safe harbors where price differences are allowed if they are based solely on reasonable cost differences, bona fide discounts for broadly defined groups (for example, teachers or seniors), or discounts available to consumers who knowingly enroll in a loyalty program. The safe harbors require clear disclosures, uniform offering to eligible consumers, and a promise that surveillance data used to provide a discount will not be used for other purposes such as profiling or individualized pricing. The rule does not apply to the business of insurance or credit products.

Enforcement would be handled by the Federal Trade Commission (FTC). Violations are treated as unfair or deceptive acts and the FTC may make rules and take enforcement actions. State attorneys general can bring suits on behalf of residents and seek damages or injunctions. Individuals can bring private lawsuits seeking injunctions and monetary relief (the greater of actual damages or $3,000 per violation), and courts may treble awards for willful violations. The bill also prevents enforcement of pre-dispute arbitration agreements and class-waiver provisions for these claims. The Office of Advocacy of the Small Business Administration, in consultation with the FTC, must study the bill's impact on small businesses and competition and report to Congress.

Section 3 applies the same prohibition to air carriers, foreign air carriers, and ticket agents and clarifies that federal airline law does not preempt consumer claims based on this surveillance-based price setting prohibition.

What it means for you#

• Consumers: Companies could no longer use surveillance data to set different prices for the same or very similar products or services. Consumers would be able to sue or rely on state attorneys general to challenge suspected violations.
• Businesses: Companies that use surveillance data to set individualized prices would need to stop that practice or ensure they meet the narrow safe-harbor conditions and disclosures set in the bill. The FTC could write rules and enforce the prohibition; states and private parties could bring suits.
• Specific sectors: Insurance and credit products are excluded from the prohibition. Air carriers and ticket agents are explicitly covered by the rules added to aviation law.

Expenses#

No publicly available information on direct government costs, budgetary estimates, or quantified economic effects is provided in the bill text. The bill does require a joint study and report by the FTC and the SBA Office of Advocacy but does not specify costs.

Proponents' View#

No publicly available information in the bill text or metadata describing proponents' stated rationale or arguments.

Opponents' View#

No publicly available information in the bill text or metadata describing opponents' stated rationale or arguments.