Case file / Surveillance pricing
Kroger and Wendy's
Surveillance pricing
Senators and the FTC are scrutinising surveillance-pricing infrastructure: electronic shelf labels, facial recognition and loyalty data that together enable charging different customers different prices for the same product based on inferred willingness to pay.
Status: Pre-litigation; Congressional inquiry; FTC 6(b) study
The alleged harm
- /Infrastructure for individualised pricing in place across thousands of stores
- /Academic concern it harms lower-income shoppers most
- /Wendy's 2024 dynamic-pricing plan withdrawn under public backlash
On the record
| Sen. Warren and Sen. Casey letter to Kroger | senate.gov | Aug 2024 |
| FTC 6(b) order on surveillance pricing | ftc.gov | 17 Jan 2024 |
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