7 July 2025
The Weekly
United States

As of July 8, the State of New York wants to force retailers to inform customers that their data has been used to set a sale price. The National Retail Federation has filed an appeal in federal court. The aim is to combat the opacity of certain prices, which fluctuate according to consumers, and prevent comparative pricing. A study published in January by the Federal Trade Commission pointed out how the use of data made it possible to target each consumer with different prices. In other words, it was possible to charge higher prices to those for whom a product was most needed. The federation is attacking the text from a constitutional angle, stating that it amounts to forcing retailers to express ‘opinions dictated by the Government.’ This would violate the 1st Amendment of the U.S. Constitution, which deals with freedom of expression. Retailers who fail to comply with the display of the price-customization warning risk a $1,000 fine for each purchase