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technothrasher

Massachusetts has had fair pricing laws for grocery stores for years that I suspect already de-facto ban "dynamic pricing". It requires grocery stores to ring up the item at the lowest marked or advertised price, or the item is free. It also requires all items to be marked (or have scanners available to show the price), so they can't get around it by just not showing prices.

itopaloglu83

An average store carries around 20,000 SKUs, so I understand that they’re looking for easier solutions to price updates, especially after having relatively high inflation after a couple of decades.

However, they’re already making it impossible for shoppers to track prices, and we all know soon (left to their own devices) they’re going to switch to individual pricing.

I’m surprised that the pricing issue is not being discussed in the context of online shopping already, with home deliveries on the rise.

PearlRiver

In my country prices are often wrong because supermarkets are run by a small team of literal teenagers (one of the downsides of having decent minimum wages is that nobody wants to hire anyone if they somehow can avoid it).

paulddraper

The true minimum wage is zero.

amalcon

It's definitely possible for a job to have negative expected value for the employee, even if looking only at cash flow. MLMs are the most obvious way, but e.g. hairdressers often need to rent their station in the store -- while this can be a reasonable deal, it can also run negative.

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wernsey

Surveillance pricing should be outright banned IMHO, but Cory Doctorow had an article earlier this week explaining all the ways this particular ban is broken [1].

It was probably broken by design, allowing the politicians to brag about how they're doing something, while the lobbyists managed to carve out such large loopholes for themselves that it will in likelihood never be a real deterrent.

For example: surveillance pricing is allowed if users opt-in so consider how many times you've clicked "I agree" on websites recently to get past some legalese wall of text blocking you from the content.

Another thing is you can't sue a grocery store, but you can petition the AG to sue them, which they will do only if they feel like it.

Not to mention that it applies only to grocery stores, not hotels and airlines and other industries which are inclined to do surveillance pricing

[1] https://pluralistic.net/2026/04/30/something-must-be-done/

amazingamazing

Why grocery stores only? It’s also unclear how this will change anything - don’t the grocery stores in richer areas already charge more? I’ve noticed Whole Foods prices are not the same across all stores even in the same state.

clintonb

You're thinking of pricing zones—shoppers in Zone A pay a different price than those in Zone B. This makes sense, for example, if shipping costs are higher in Zone B.

The bill in question is about per-shopper pricing (e.g, you and I pay different prices in the same store). This is something Lyft and Uber do, but it's not really possible in retail.

cogman10

> This is something Lyft and Uber do, but it's not really possible in retail.

It is possible for retail. For example, you can simply not display the price. You can display a price range. You can use EInk displays which auto-update based on who's approaching the item.

And of course it's infinitely possible in an online store.

One example of how this is being employed is McDonalds trying to push everyone to use the app. They'll give lower prices in app while raising prices on the menu giving a "not using app" tax. That enables them to have flexible per user prices within the app. A store could do the same thing.

Manuel_D

How would that work? The barcode on the item doesn't get rewritten, the checkout counter can't distinguish who picked up which exact item. Even if they did assign unique barcodes to each item, what happens if you take the item off the shelf, and put it in someone else's cart? They'd be charged the wrong price for the item.

clintonb

Your plan fails in a few ways.

Refreshing the content on an electronic shelf label (ESL) takes about 30 seconds, and multiple people can view a product simultaneously. Unless the store is giving everyone AR glasses, people will notice the price discrepancy.

This assumes you have sufficient data to actually recognize a shopper such as facial ID or some form of iBeacon for every single product for which you wish to implement price discrimination. Basic ESLs cost $3 to $12, depending on size and use very little energy. Adding a camera means more energy, so a bigger battery and more cost.

Using in-app discounts is the most likely way to implement this, which I am okay with. Shoppers are willingly trading their data privacy for a discount.

grogenaut

part of the reason I don't go there anymore. I noticed recently taco bell in my area no longer asks about their app, just takes my order.

bko

I think McDonalds dynamic pricing is great. Every time I checkout the app there is some crazy deal. Sure its not always something I want but I'm not necessarily competing w/ the other items on the menu. If there's no deal on something I want, I check BK or similar chains.

amazingamazing

The article says loyalty programs and https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/H... makes no mention of this store restriction. Just retailer.

It’s unclear to me why transportation demand pricing is allowed but not delivery.

I expect the outcome of this to be prices raised for everyone and then loyalty discounts per group.

cogman10

> It’s unclear to me why transportation demand pricing is allowed but not delivery.

I don't think it should be allowed. It's predatory. It allows a company like Uber and Lyft to see things like "Oh, you are going to a hospital, then I'm going to apply a 10% surcharge because you are probably desperate".

It also works against the drivers. Uber/Lyft see things like "This person is logged on for 8 hours, they are desperate, so let's give them lower rates and worse routes."

DocTomoe

Just for clarification: Does this affect intraday price changes, and how much if this is AI vs. 'standard database operations'?

I'm thinking of scenarios such as 'Oh, we're going to have a heatwave between 14:00 and 19:00, let's make popsicles 9 cent more expensive for everyone' or 'hm, that particular brand of soda sells extremely good today, let's hike the price'/'this noodle soup gets new stock later today, let's lower the price to clear out the shelf'

Because with electronic signage, that is very possible.

derektank

Yeah, I think time-based algorithmic pricing is good and helps reduce shortages. As long as everyone can get the same price at the same time, I have no issues with how that price was arrived at. What concerns me is different consumers being offered different prices at the same time.

irishcoffee

It’s interesting, no matter what the sign says, the cost is determined at the checkout. I think you missed the point.

This is about profiling people buying through apps.

I guess it’s neat someone is trying to do something about grocery prices, this won’t move the needle. Still nice to have in the books.

Now if only the governer could figure out how to get the Key bridge built instead of firing the company and starting over… that would be cool.

“Yeah it’ll be built by 2028!” At this point I doubt it’ll be finished in my lifetime.

NiloCK

This is possible in retail, or will soon be.

Canada's major grocery chain has migrated entirely to LCD price tagging that can receive OTA updates. There are now no paper price labels in the store.

The same chains have extensive camera coverage on the entrance / exits of the store.

So pricing can be an optimization function as fine grained as persons currently in the store.

Cameras on the aisles as well can enforce that individual tags update while nobody is within 15 feet, etc.

It's hard to even talk or think about without without sounding (and becoming!) conspiratorial. Add a little data from our trusted partners and they can jack specific prices according to urgency - eg, floral bouquets when you're en route to a dance recital.

clintonb

The electronic shel labels use e-ink. Their refresh time is around 30 seconds. What happens if two shoppers are looking at the same product?

Paradigma11

Since you get a location and time stamped receipt these shenanigans would be completely trivial to detect.

Gigachad

It’s hard to talk about without sounding conspiratorial because it literally is an unfounded conspiracy. The impracticalities of this scheme are immediately obvious and no evidence of it ever actually being implemented in physical retail exists.

chis

Price targeting can help the poor in some cases and hurt them in others. For essentials where the need to purchase is high and the provider has a semi-monopoly, dynamic pricing leaves everyone worse off. For instance, think of groceries where there is only one store nearby or medicines with only one producer.

On the other hand, for something like a Netflix subscription, price discrimination DOES tend to help the poor users out. Netflix is 10x cheaper in third world countries for the exact same product. If they were forced to charge the same price everywhere, they would just charge everyone the US price and foreign users would be left out.

Gigachad

Per customer pricing will squeeze every customer for every dollar they can possibly afford. The more data they have the more they can calculate the level of desperation for each purchase. If they have your message history and see your mum is dying, they can spike flight tickets for example. And they will know exactly the highest amount you can afford for it.

root_cause

I would say it would "squeeze" every customer for every dollar they are willing to pay. Perhaps semantics, apologies if so.

I have no problem with this for luxuries like Netflix which have sufficient competition (I am not saying Netflix has sufficient competition - I don't watch much TV, but I assume there is at least some: HBO Max, Disney+, others?)

I think I have a problem with this for literal necessities such as food, water, air.

I believe the solution to these problems is competition. If there is only one grocery store available to me, that store can set prices at whatever they want. If there are 20 stores near me - they are going to have to compete on price. I know plenty of very wealthy people near me who still get many of their groceries from Walmart.

If my mother is dying, but there are literally 1000 safe, fast ways for me to get to her in a hurry, the price is going to be reasonable unless there is some legislation which enforces some minimum (which I am also against).

That does not I mean I in any way support data collection without consent.

I do agree with you that with personal data, and without competition, for-profit companies have a strong incentive to, and will, "squeeze" you for every dollar they can get.

I think some industries, such as energy, are naturally resistant to competition; and while I am generally wary of regulations, those are areas where I think regulation in the public interest makes sense. The question of course becomes which products and services are naturally resistant to competition, and necessary enough that regulation should be required. I don't think entertainment falls in this category. I don't know enough about airline travel to give an informed opinion.

wolftune

Price discrimination at all is not the same as individualized prices. And really the issue conflates two things: 1, privacy and surveillance pricing; 2, AI profit-maximizing.

Even if Netflix or others do price-discrimination, the AI-pricing issue would still be used to squeeze as much as possible from the poor. It's not like these blood-sucking capitalists who run these massive corporations are into helping the poor.

muzani

For impact most likely. Dynamic pricing is core to the budget airline industry and such a law would hurt them more, especially with the thin margins. It happens with games too, but the price of games doesn't affect how someone eats.

motbus3

They charge more for everyone there. Now they are able to charge more for you

Gigachad

Which supermarkets have you seen doing this? This conspiracy theory about epaper tags changing their price on you falls flat when you think about it for even a moment. The tags do not update fast enough to do that, couldn’t handle multiple people in the same area, and would be impractical to link back to the purchase time, resulting in people noticing the price scanned didn’t match what they saw on the ticket.

Per customer pricing is only possible for online shopping.

kotaKat

Because the sole driver of all of this is the UFCW. That's why only grocery stores.

Because they're still mad they think it "takes away jobs" to put in electronic ink price tags.

That's it. They came up with the rest of the FUD and latched onto clueless lawmakers.

dlcarrier

Grocery stores have smaller margins and more options compared to pretty much any industry, yet politicians seem to think they are the cause of all of our ills.

elil17

Grocery stores have tiny margins and that's great. Let's keep it that way, it benefits all consumers. One way to prevent them from expanding their margins is to ban so-called "dynamic pricing".

estearum

This is hilariously first-order-effects thinking...

If any store used dynamic pricing to expand their margins, the others would just do the same and compete away those margins once again, with the marginal gain being handed back to consumers.

Dynamic pricing on personal data is bad I think, but temporal dynamic pricing is actually very good for everyone and I hope it doesn't get thrown out by some reckless legislation-writing.

Drakim

That's the ideal dream scenario, but in reality the market isn't that efficient. Lots of markets gouge their customers and due to power imbalances the customers can't really do anything about it. The free market solution to this is just generally to let people suffer.

Rury

> the others would just do the same and compete away those margins once again, with the marginal gain being handed back to consumers

This is an assumption that doesn't necessarily have to happen. Some markets remain uncompetitive, otherwise you would see every market collapse to 0 margins if this were always true.

wernsey

What happens in practice that there are only so many grocery stores where consumers can choose to shop thanks to corporate mergers and lax antitrust enforcement. So if all of them raise their prices at the same time then those consumers are out of luck.

Now technically it would be illegal for the grocery stores to collude in price fixing like that, but they'll hide behind the fact that all of them will buy their surveillance pricing data from Google [1].

Google will tell all of the competitors exactly how much they can charge you for your eggs, and you'll get the same price everywhere.

[1] https://www.thebignewsletter.com/p/will-google-organize-the-...

throwaw12

> If any store used dynamic pricing to expand their margins, the others would just do the same and compete away those margins once again, with the marginal gain being handed back to consumers.

How would you do it if pricing is dynamic and changes every day?

By the time competitor finds out about the price, you might have already reduced it, making it look like theirs is more expensive even after they applied discount.

danlitt

Dynamic pricing based on personal data is not even a market, let alone a perfectly competitive one. Temporal dynamic pricing can mean almost anything, so might be ok (early bird lunch deal) or pure evil (bottled water now costs $100 because there is lead in the tap water).

alex43578

It’s just pandering to voters who don’t know better. See: price of eggs in the last election.

0x3f

Rent control is the canonical populist price control. That one's evergreen. Egg-prices-by-fiat are just a fad!

alex43578

With both parties scrambling to buy non-taxpayer votes with taxpayer money, the list is endless. Free healthcare, free tuition, pork barrel spending, wars on behalf of other nations, lavish benefits for your ethnic group’s immigrants, etc.

swaits

This is the answer.

ReptileMan

I think that opaque pricing is bad in that it creates a feeling of helplessness in the customer, is annoying and after every deal it makes you feel like you have been ripped off. Like the - call us to get a quote on some sites instead of direct pricing.

To a lesser extent it is the same with loyalty programs - my grocery stores often discount items to 50% and on my receipt it there is usually something like - you saved 20 Euro - which could be 20 to 30% of the bill. A lesser mind than the average consumer's may suspect that they keep all the prices permanently inflated by 20 to 30% and if some schmuck dare to buy their favorite cheese when not discounted - it is on them.

conartist6

I'm always shocked at how much anti-capitalism and anti-competition there is in the US.

I was taught that the power of consumer choice could reign in markets, but when I look around I see more and more companies working harder and harder to make themselves completely insulated from consumer choice.

Now our darlings are companies that are like massive prisons that promise that everyone will be interned in in the future.

bostik

Keep in mind: the only thing a capitalist fears is a truly free market.

The highest ROI for any business is to buy their own politician. That allows you to block competition and other inconveniences at a legislative level.

soared

Al major chains in my area use Covid/etc to increase prices beyond what supply dictates to profit off of crises, except for king soopers.

https://qz.com/supermarket-prices-grocery-food-inflation-pan...

emsign

No, grocery stores will be the weakest entry point to have the customer get used to get individual pricing. It's not the store owners themselves but big data businesses who do the pricing for them. Essentially taking the freedom away from the shops even further while at the same time squeezing even more money out of customers. This totally distorts supply and demand.

0x3f

There is no way Walmart or Target or whoever is giving up their gold dust to some nameless SaaS for pricing. They will do it in-house. Never mind the fact that a similar aggregation attempt for the property rental market was considered actionable by the DoJ already.

bit1993

This is like responding to symptoms and not addressing the root cause. This is something that should be fixed by supply and demand, buyers should have a choice where to buy and sellers should have a choice how to price their products.

These problems arise when dealing with a monopoly, that undermines the free market and that's a far worse systemic problem and the root cause of these issues. AI has nothing to do with it.

cowanon77

There is an imbalance in leverage and timing though. Dynamic pricing requires a lot of real time and historical data; companies can access and share that information easily, and you as a consumer cannot.

Even in areas with multiple competitors, they can (and do) effectively collude by getting their information through data brokers and third parties.

I don't have a solution, but we are currently very far away from a free market in general.

bko

Why can companies access and share information more easily than consumers?

I get about a dozen fliers in the mail every week advertising deals that are surely loss leaders for the grocer. Then there's extreme couponing forums.

Have you worked in a large organization? I can't imagine it's easy to coordinate much less have someone make actual decisions.

Gibbon1

When I was at that tender age when many nerdy boys read and fall to Atlas Shrugged I read The Pearl by Steinbeck. Which has a passage I never forgot.

“It was supposed that the pearl buyers were individuals acting alone, bidding against one another for the pearls the fishermen brought in. And once it had been so. But this was a wasteful method, for often, in the excitement of bidding for a fine pearl, too great a price had been paid to the fisherman. This was extravagant and not to be countenanced. Now there was only one pearl buyer with many hands"

bit1993

When the government actively decides the price of goods and services, it becomes more and more like communism. The government should instead uphold the free market and proactively prevent collusion and monopolies that threaten the free market, this is harder to do in the US because of lobbying though.

Dylan16807

> When the government actively decides the price of goods and services

Ok.

Can we get to what this kind of law is actually doing? The simplest version would be roughly "stores need to display prices and only change them once per day". No specific prices are being imposed.

intended

Slogans and bromides are good starting points but not solutions.

The government IS preventing coordinated price setting by closing the loophole of third party data brokers.

bko

There is no monopoly. Grocers are incredibly competitive and have low single digit margins (~1-3%)

There are things you can do to lower prices like prosecuting theft. In this case technology is part of the solution. Adding red tape and restricting technology will do the opposite.

josefrichter

Wait, isn't this prohibited already? Some of it may be a gray zone, but a good portion of it is already downright illegal in many countries, and the rest is extremely unethical.

olsondv

It’s likely just posturing for political support. No nation-wide law that I’m aware of exists in the US. In my state, the lowest advertised or displayed price is the honored price. They have to update the shelf price before the register’s. Any difference gets a refund which unfortunately is not automatic. Requires vigilance by the consumer but it would prevent this type of AI pricing.

geuis

Doesn't this then open a market for "vpn style" apps that make everyone look broke? Get the lowest prices (ie market/baseline) on every interaction from food delivery to airplane tickets?

Uehreka

That then leads to a cat and mouse chase, and in the end the big corporations will win by forcing you to tie your real identity to your shopping identity, which won’t turn off enough consumers to meaningfully impact the bottom line.

kdheiwns

The problem isn't really turning them off as much as it is people having no choice. There aren't too many supermarket chains. If one chain does this, rather than other chains undercutting them on price, they're going to do the same to maximize their profits. Most people only have one or two stores near their home. Some maybe have three. That doesn't leave a lot of options. And if you or your family is hungry, you won't drive around for hours, burning gas, until you find a shop that saves you a few bucks. Most people will have no choice but to give in, then the practice is implemented everywhere and the price treadmill accelerates.

xp84

Bingo. Exactly. In every one of these oligopolies, the most customer-hostile behaviors spread quickly and completely, and any customer-friendly ideas anyone sneaks in fizzle out quickly.

Great example: 15 years ago, assuming you were out of contract, cancelling a postpaid cell phone line worked very differently. Important to know: it was and still is “billed in advance,” meaning you pay around say, January 4, for your service from Jan 4 through Feb 3rd. So if you cancelled your service around Jan 19th, you’d be owed a refund of a half month’s service. 15 years ago, you’d receive a check or a credit to your method of payment - since you didn’t get the service you paid for, that seemed very obviously correct. Sometime at least 10 years ago, one of the cell phone carriers decided to try just saying that you never got a refund, and that if you didn’t want to be ripped off, then you should just cancel on the one day of the month where you had finished using the service you paid for (and hope you didn’t do it too late and get billed for another month). Initially it was just that one carrier who did this, but quickly this became the norm across the whole industry, and now all three postpaid carriers work exactly that way.

This is of course the same story with more well-publicized enshittification, like Basic Economy plane tickets, data caps on your broadband service, etc. etc.

AussieWog93

>And if you or your family is hungry, you won't drive around for hours, burning gas, until you find a shop that saves you a few bucks.

Sure, but if you felt you didn't get a good deal you're not going to go back.

Like I personally don't know every single price at every single shop before I go, but I do know for example that Henry's Mercato or the Big Watermelon will have some kind of cheap bulk fruit, Aldi has cheaper staples, Springvale has the best fish etc. etc.

There are plenty of other places I checked out once or twice and then wrote off as a bad deal.

xethos

You've actually got that backwards - being wealthy makes your time and effort worth more (to you) than the half-hour you'd spend price-comparing every item in the cart for each price difference (each between $0.03 and $2.00), while being poor makes price comparisons much more worth it

Being more financially stable means you pay higher prices, in this scenario

asdfasgasdgasdg

Right, which would imply that a VPN that makes you look broke would help get you better prices.

emsign

Haha, no no no. I don't trust this to be true. Everyone will pay more or else the investment into this technology doen't break even.

positr0n

Most algorithms doing this charge lower prices to the wealthy since they are more valuable customers.

Total spend is higher. And if your $20 tricket breaks you're less likely to bother to return it if $20 doesn't mean that much to you. Plus other reasons I'm sure.

SilverElfin

They’ll require ID verification for everything. Like they are normalizing with age verification for social media

amazingamazing

How’s that gonna work when they know your address?

dfxm12

With the loopholes, stores can raise the baseline prices and give some people coupons for some products.

To avoid this reliably, shop in person at a supermarket that doesn't have a loyalty program.

thunderstruck

I'd like to see fair pricing for airlines tickets too.

bdangubic

use a VPN, like Bulgaria is usually good. everything is on sale if you are Bulgarian (most of the time).

you may have to text back Yes your credit card company when you get a fraud alert text - that’s about the only inconvenience. just bought US-EU return ticket for June - 22% lower than lowest price I’ve seen “from US” in the last month

Nykon

I have residence in Bulgaria and I do not necessarily agree with that statement. Glad it works for you though

protimewaster

I assume this doesn't work with every airline / in every case? E.g., if I am booking with a US-based airline like United or American, to fly between two US cities, do they really bother to offer cheaper tickets based on your international location?

bdangubic

In my experience tickets are always cheaper on the VPN, Bulgaria, The Balkans… I just bought airline tickets that were much cheaper and I also do other bookings this way as well, I got a hotel in Philly a month ago 18% cheaper. it is not bullet-proof thing and I am not traveling all the time but I don’t recall a time I did not find at least a little bit better deal

hermannj314

Deeply divisive political topics driving a wedge between Americans - midterms must be coming up.

If in the next 6 months you find yourself inexpliciavly angry at other working class Americans and being convinced that the solution to your problem is to take a stand on a black and white issue you just learned about in the last 10 minutes - congratulations, Americas bipartisan politcal virus has infected you!

The cure is to go into hiding until November.

jbxntuehineoh

is this some kind of sarcasm that my iq isn't high enough to understand? pretty sure everyone hates the idea of dynamic pricing

asdfasvea

Agree. Further, not sure if 'black and white' is an idiom about clarity or an attempt to inject race into it.

ImPostingOnHN

This actually seems like a pretty uniting issue. I haven't seen many politicians of any party openly come out in favor of the sort of price discrimination banned by this bill.

Eddy_Viscosity2

Came to say the same thing. Though calling it 'price discrimination' will bring out the MAGAs who will reflexively conclude that banning it must be woke/DEI and then demand to have it everywhere. Better to call it 'diverse pricing' to get the opposite reaction.

jasonlotito

"diverse pricing" comes across as DEI pricing, too, what with the name. And the name is what's important, not the actual idea. If you want them to be against it, call it "Socialist Pricing" or if you want them to support it call it "Freedom Pricing." I know it's not indicative of either, but it just needs to sound bad or good.

dfxm12

FWIW, Trump's FTC dropped a price discrimination lawsuit against Pepsi after Pepsi donated $500k to Trump's inauguration. The suit was brought up under Biden's administration.

Republican politicians do support price discrimination. It fits in with their pro big business, anti consumer policies. To recognize this and then quibble over "the sort" or how "openly" they support it, is disingenuous.

beepbooptheory

If only we could be free from this virus! When I encounter a fellow grocery store price gouger, I am not filled with the sense of fraternity and compassion I should. Instead, I have been manipulated into feeling like they're my enemy!

jasonlotito

This is coming off as something I would see in r/iamverysmart. I only see this coming from people that self-declared "independents" who try to play the "both sides" card and won't ever stand for anything. Which really just says everything you need to know. (If this isn't you, don't worry! The comment just comes across as an indicator.)

That you would bring this up here is odd. This topic is hardly deeply divisive, nor is it a new issue. That you think so is more a case of you not reading the news.

hermannj314

The topic of AI surveillance pricing is almost exclusively covered by left-leaning media sources according to ground news and party affiliation largely predicted the vote with no 100% of voting Democratic legislators for and 88% of voting republicans against it.

It feels like a partisan issue.

But I guess I don't read the news.

jasonlotito

> But I guess I don't read the news.

No, you don't. Since you rely on AI to do the thinking for you.

> It feels like a partisan issue.

It feels like a non-partisan issue. There, debunked.

odie5533

This doesn't look like a cure for cancer like I was promised.

SilverElfin

Why just grocery stores? Why not ban selling or purchasing our information to and from data brokers. Like for all uses.

janalsncm

Because this kind of price discrimination doesn’t require selling or purchasing data from data brokers. If you buy enough from Instacart, they can and do build it all in-house.

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