What Wording Does Each State Require?
| New York § 349-a | THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA In force since November 10, 2025 |
|---|---|
| Connecticut P.A. 26-64 | THIS PRICE WAS INCREASED BY A PRICE SETTING DEVICE USING YOUR PERSONAL DATA Since October 1, 2026; online prices raised with a price setting device using personal data |
| Connecticut P.A. 26-130 | THIS PRICE WAS INCREASED USING YOUR PERSONAL DATA From July 1, 2027; online prices raised with personal data, plus Connecticut Data Privacy Act rights |
| FTC (proposed) | That the price is personalized, the basis for it, and the types of data used |
Should a Disclosure Be Specific or Generic?
In lab tests of personalized-pricing disclosures, generic labels alone barely improved consumer understanding. A disclosure that names the actual reason, such as “Repeat-buyer price, based on your purchase history with us,” does more. See the Disclose stage.
Laws Cited in This Guide
NY Algorithmic Pricing Disclosure Act
Since November 10, 2025, businesses that set prices with an algorithm using a New York consumer’s personal data must show, next to the price: “THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA.” The Attorney General enforces it, with penalties up to $1,000 per violation.
Since October 1, 2026, Connecticut bars retail sellers and third-party delivery services from surveillance pricing: setting a customized price for a consumer based on personal data collected through technology.
From July 1, 2027, a revised Connecticut law bars retail sellers and third-party delivery services from setting a customized price for “a consumer or group of consumers” based on personal data collected through technology.
The FTC’s proposed policy statement, issued August 19, 2026, says businesses that use personal data to set an individual’s price should clearly disclose that the price is personalized, the basis for it and the types of data used, where consumers reasonably expect a common price.