What You Need to Know About Surveillance Pricing A December 2025 study conducted by Consumer Reports and the Groundwork Collaborative found that Instacart listed identical grocery items at varying prices within the same stores in the District of Columbia. In some cases, prices were marked up by as much as 23%, based not on supply or demand, but on algorithmic assessments that functionally tested differences in individual customers' willingness to pay for identical items. Councilmember Henderson wants to protect DC residents from these predatory pricing strategies.
The Federal Trade Commission launched an investigation into surveillance pricing in 2024, and released a research study in January 2025 that confirmed that companies were using consumer data to set prices. While the full extent of surveillance-based pricing is still being revealed, it can no longer be assured that a good or service's quoted price reflects its market value. Councilmember Henderson introduced the Surveillance Pricing Prohibition Amendment Act of 2026 to protect District residents from these exploitative pricing strategies before they become even more widespread and normalized.
The introduced legislation would amend the District's Consumer Protection Procedures Act (CPPA), creating new definitions for "surveillance-based price discrimination" and "personally identifiable information," and explicitly classifying surveillance-based pricing as an unfair or deceptive trade practice under D.C. Official Code § 28-3904. It would also align DC with similar efforts in Maryland, Georgia, Ohio, Minnesota, and California to address surveillance-based pricing practices.
Grocery bill feeling a little high? Is your cart getting more expensive even though you’re buying the same things?
What you’re experiencing is surveillance pricing.
I intro’d the Surveillance Pricing Prohibition Amendment Act of 2026 to protect DC residents from these predatory pricing strategies.