S.Amdt. 4437

The amendment, titled the One Fair Price Act of 2026, aims to ban the practice of surveillance-based price setting. This means it would be illegal for a person to charge different prices to different consumers for the same or similar products or services if those prices are based on or informed by surveillance data.

What it changes or adds:

• Prohibitions and Exceptions: It makes surveillance-based pricing unlawful but provides "safe harbors" for price differences based on reasonable costs or bona fide discounts for specific groups (like veterans, students, or senior citizens) and loyalty program members. It specifically does not apply to credit products or the business of insurance.

• Enforcement: It grants the Federal Trade Commission (FTC) the power to enforce these rules, including over nonprofit organizations, common carriers, and air carriers.

• Legal Actions: It allows State attorneys general and injured individuals to bring civil lawsuits for violations. Individuals can seek actual damages or a minimum of $3,000 per violation, which can be tripled if the violation was willful.

• Consumer Protections: It removes the validity of pre-dispute arbitration agreements or joint action waivers that would stop a person from suing over these pricing violations.

• Study and Reporting: It requires a joint study by the Small Business Administration's Office of Advocacy and the FTC to evaluate how this law affects small businesses and competition.