What Does Seattle Fair Pricing Ordinance Require?
| Status | Enacted; passed the City Council 7–2 and signed October 5, 2026 |
|---|---|
| Takes effect | September 1, 2027 |
| Who it covers | Grocery businesses with 20 or more retail locations worldwide; stores devoting at least 10,000 square feet of sales floor to groceries; delivery and online-ordering services with 100 or more employees worldwide that deliver groceries to Seattle consumers |
| What it prohibits | Algorithmic-based price discrimination: setting, altering or manipulating prices for consumers or consumer segments based in whole or part on monitoring, tracking or automated analysis of behavior, location, demographics, biometric data or other personal information |
| Allowed | Delivery-cost differences where location is the only personal data used; store-level prices available to everyone; manufacturer or third-party coupons not targeted with personal data; discounts on equal terms to openly defined groups (for example seniors, students, military); loyalty pricing that is the same for all members or tiered only by prior purchase history |
| Disclosure | Prices clearly posted; eligibility criteria for discounts disclosed online or where offered; for purchase-history discounts, the customer tiers and the criteria used to place customers in each tier |
| Records | Keep pricing, segmentation and compliance records for three years. Missing records create a rebuttable presumption of violation that can be overcome only by clear and convincing evidence |
| Enforcement | City Attorney, and private lawsuits including class actions (against grocery businesses only if they have 25 or more grocery stores in Washington) |
| Penalties | Civil penalties up to $3,000 per aggrieved party, $10,000 for later violations, and liquidated damages up to $10,000; private actions capped at $1 million per action |
Can a Loyalty Program Still Offer Tiered Discounts?
Yes, if tiers are based only on prior purchase history, are not individualized and are not combined with other personal data. The business must disclose the tiers and the criteria for placing customers in each one. A segment rule that is written down, published and applied the same way to everyone who meets it fits this description. See the Segment stage and the Disclose stage.
Why Do the Record-Keeping Rules Matter?
A business that cannot produce its pricing and segmentation records is presumed to have violated the ordinance and must rebut that with clear and convincing evidence. The ability to reconstruct how a past price was set becomes part of the defense. See the Govern stage.
Is Seattle Part of the State Map?
No. This is a city ordinance; Washington State has no statewide personalized pricing law.
How Can a Business Comply with Seattle Fair Pricing Ordinance?
- 3. Segment: Turn personalization into short, readable, non-overlapping rules.
- 4. Disclose: Write the customer explanation from the rule that set the price.
- 5. Govern: Version every rule so any past price can be rebuilt.