S.Amdt. 5645

The amendment, titled the One Fair Price Act of 2026, aims to stop companies from using surveillance data to charge different prices to different consumers for the same or substantially similar products or services.

What it changes or adds:

• New Prohibitions: It makes it illegal to set prices based on surveillance data, which includes data regarding an individual's personal information, behavior, or biometrics.
• Safe Harbors: It allows for price differences based on reasonable costs of providing the service or bona fide discounts for specific groups (like students, veterans, or seniors) and loyalty program members, provided certain disclosure and usage conditions are met.
• Exemptions: The prohibition does not apply to credit products or the business of insurance.
• Enforcement: It gives the Federal Trade Commission (FTC) the power to enforce these rules, specifically including air carriers, nonprofit organizations, and common carriers.
• Legal Action: It allows State attorneys general and injured individuals to bring civil lawsuits for damages. It also makes pre-dispute arbitration agreements and joint action waivers invalid for these specific claims.
• Air Travel: It specifically amends title 49 of the United States Code to label surveillance-based price setting by air carriers and ticket agents as an unfair or deceptive practice.
• Accountability: It requires a joint study by the Small Business Administration and the FTC to report on how this act affects small businesses and competition.