Casar-Tlaib Bill Would Ban Corporations From Using AI to Set Prices, Wages

A pair of U.S. House progressives have introduced a bill that would stop companies from using artificial intelligence to set prices and wages based on the personal information of customers and workers.

The "Stop AI Price Gouging and Wage Fixing Act," introduced Wednesday by Reps. Greg Casar (D-Texas) and Rashida Tlaib (D-Mich.), is an effort to curb the growing trend of "surveillance-based price setting," where companies use data from customers to determine how much they are willing to pay for a service.

According to a recent report by the Federal Trade Commission, "Retailers frequently use people's personal information to set targeted, tailored prices for goods and services—from a person's location and demographics, down to their mouse movements on a webpage."

Casar said that "giant corporations should not be allowed to jack up your prices or lower your wages using data they got spying on you."

"Whether you know it or not, you may already be getting ripped off by corporations using your personal data to charge you more," he added. "This problem is only going to get worse, and Congress should act before this becomes a full-blown crisis."

Earlier this month, Delta Airlines announced a pilot program using an AI model to charge individual consumers the maximum amount it determines they are willing to pay for plane tickets. Delta has described the change as "a full reengineering of how we price, and how we will be pricing in the future."

Other companies have been accused of using similar forms of "surge pricing."

Uber, which has been suspected of jacking up prices on riders with low cellphone batteries, pioneered the method. Kroger and Walmart have used digital price tags on goods to rapidly change prices, and Kroger also says it is using facial recognition to track customers in order to offer targeted coupons.

Amazon has been accused of setting personalized prices based on customers' location and browsing history, and the Princeton Review has even been caught charging greater amounts for SAT prep services in Asian communities.

Companies also frequently use hidden algorithms based on personal data to pay workers different wages for the same work—an especially pervasive practice in gig economy jobs like rideshare and delivery driving.

A 2024 report by the Roosevelt Institute found that these algorithms were also being applied to nurses, who were offered shifts by an opaque algorithm based on who was willing to work for the lowest pay and a number of other undisclosed factors.

"It is shameful that companies would use our neighbors' sensitive personal information against them to raise prices," said Tlaib. "The idea that employers would leverage surveillance data to exploit a worker in a desperate position and offer them a lower wage is appalling."

The bill still allows companies to change prices for individuals based on certain circumstances. For example, they would still be allowed to offer discounts to certain groups like college students, veterans, and senior citizens or enact loyalty programs.

Likewise, wage-earners would still be allowed to receive overtime pay or bonuses for good work or have their salaries changed to accommodate the cost of living.

The bill instead targets companies that use underhanded and invasive tactics to take advantage of their customers' and employees' desperation.

"This bill draws a clear line in the sand: Companies can offer discounts and fair wages—but not by spying on people," said the consumer advocacy group Public Citizen. "Surveillance-based price gouging and wage setting are exploitative practices that deepen inequality and strip consumers and workers of dignity."