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Groundwork Collaborative’s “Shoppers’ Bill of Rights” is a proposal for 12 consumer protections, not a law Congress has passed. It would seek to limit arbitrary or frequent price changes and personalized pricing, with stricter limits for essentials, while also addressing fees, cancellations, repairs, refunds, resale and competition.
What is the Shoppers’ Bill of Rights?
Groundwork Collaborative unveiled the agenda on September 28, 2026. Its 12 requested protections would cover:
- Displayed prices that include mandatory fees.
- Fair prices not set using personal data about an individual shopper.
- Predictable prices.
- Easy subscription cancellation.
- Access to repair parts, tools, software and manuals.
- AI shopping assistants that act in shoppers’ interests.
- Fair resale practices.
- A level playing field for small businesses.
- Unit-price comparisons.
- Fair refunds.
- Proper billing.
- Competitive prices not coordinated through shared pricing software.
These are Groundwork’s proposed protections, not a list of rights consumers can currently enforce as one federal law. The agenda is broader than surge pricing: it spans digital shopping, billing, repairs and competition as well as how prices are set.
Is surge pricing the same as surveillance pricing?
No. Dynamic pricing changes in response to market-wide factors such as demand or inventory. Surveillance, or personalized, pricing uses data or inferences about a particular shopper to set that person’s price. The practices can overlap in public debate, but they are not interchangeable: a price that rises when a popular item is scarce is different from a price tailored to one person’s profile.
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To assess a changing price, consider what appears to drive it, whether the item is genuinely scarce or essential, when and how often the price changes, whether the total cost is disclosed before commitment, and whether a discount follows clear public eligibility rules or individual profiling. These are useful distinctions, not a formal legal test.
What price changes would Groundwork restrict?
Groundwork argues that shoppers may not be able to tell whether a sudden increase reflects scarcity, changing costs or an algorithm. Its report does not say every variable price is abusive: it recognizes that costs, consumer preferences and other market factors can justify fluctuations. It calls instead for limits on arbitrary or high-frequency changes, saying, “Prices should not shift arbitrarily nor at a high frequency.” That is the proposal’s language, not an existing legal standard.
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For essentials such as groceries and medical supplies, Groundwork advocates a ban on dynamic pricing. For scarce nonessential goods, it would allow more flexibility if price tiers and changes are predictable and transparent. These are policy recommendations; they do not describe a nationwide rule now in force.
Can stores change prices while you shop under current federal rules?
The FTC’s Rule on Unfair or Deceptive Fees FAQ says businesses may use demand- or inventory-based dynamic pricing if the pricing information is not misleading. The fee rule separately requires mandatory fees to be included in the total price in covered contexts, with the final amount shown before payment. It does not impose Groundwork’s proposed limits on how often prices change.
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Electronic shelf labels are technology that can display price changes; their presence alone does not establish that a retailer changes prices frequently or sets individualized prices. A changing shelf display and a personalized price are different questions: the first concerns when a displayed price changes, while the second concerns whether a particular shopper’s data determines the price.
What has the FTC said about personalized pricing?
On August 19, 2026, the FTC announced a draft enforcement policy statement on personalized pricing; the agency updated the release on August 31 to correct an earlier error. The draft went out for public comment, with a September 18 deadline. It is not a final regulation or a blanket ban.
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FTC Chairman Andrew Ferguson said the agency lacks authority to ban personalized pricing in all circumstances, but that businesses failing to disclose how personal data is used to set a price may violate the FTC Act or other laws the agency enforces. The distinction matters: the statement concerns potential violations under existing law, not a categorical prohibition on every personalized offer.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.How does the proposal compare with legislation?
Separate bills have their own legislative status; neither is the Shoppers’ Bill of Rights itself.
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| Measure | Status in the cited record | What it concerns |
|---|---|---|
| H.R. 9371, Shedding Light on Algorithms Setting Higher Prices Act | Introduced June 18, 2026, in the 119th Congress and referred to the House Committee on Energy and Commerce; the Government Publishing Office record identifies it as an introduced bill. | Algorithms setting higher prices. |
| New York S8623 | The New York State Senate said it passed the bill on June 5, 2026. The Senate page showed Assembly action as pending. | A proposed prohibition on surveillance pricing; the cited status does not establish that it became law. |
Accordingly, the federal bill was at the committee-referral stage in the cited record, while the New York Senate had passed its bill but the Assembly step remained pending on the cited page. Those statuses are time-sensitive.
What polling did Groundwork cite?
Groundwork’s September 28 announcement reported Blue Rose Research polling from 2026: two-thirds supported the Shoppers’ Bill of Rights; nearly 75% supported making subscription cancellation as easy as signup; nearly seven in ten supported upfront all-in pricing; and 65% supported banning surveillance pricing. The announcement does not provide field dates, sample size or methodology, so these figures should be read as results Groundwork reported, not independently verified national estimates.
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