10/08/2026
Two shoppers can be shown different prices for the same item, based on what a company knows about each of them: where they live, the device they use, even how they move a mouse across a product page. The FTC calls this personalized pricing. We use the term surveillance pricing, because instead of a base cost of goods, each price is built from data collected about the shopper: information gathered across apps, websites, loyalty programs, and data brokers, often combined by outside vendors into profiles that estimate what each shopper will pay. Retailers from grocers to apparel brands use it, often through third-party data vendors.
Zevin Asset Management, in collaboration with Open Mic, has submitted a comment letter to the Federal Trade Commission on its proposal to treat the practice as unfair or deceptive when companies don't disclose it. We support that step, but disclosure alone leaves the practice in place. As long-term investors in retail and e-commerce companies, we asked the Commission to go further and set limits on how companies may use personal data to set prices.
Location and browsing data can also stand in for race and income: A ProPublica investigation found a test-prep company quoting higher prices in ZIP codes with large Asian populations, and researchers found Chicago rideshare trips to predominantly nonwhite neighborhoods cost more. More recently, a 2025 Consumer Reports investigation found Instacart showing different shoppers' prices up to 23% apart for the same item, at the same store, at the same time.
Shoppers can't tell whether the price on a carton of eggs was set for them. Investors don’t have access either: pricing models often sit with outside vendors that companies do not disclose much in their reporting, leaving the risks invisible until they arrive as a fine or a lawsuit. And those risks are growing. Maryland and Connecticut have already restricted personal-data pricing for groceries, and Seattle's council has voted to ban it.
You can read and download our full comment letter at www.zevin.com/news-views/surveillance-pricing