U.S. Senator Ruben Gallego (D-AZ) renewed his call for passage of the One Fair Price Act, legislation designed to outlaw “surveillance pricing” — the practice of using consumers’ personal data to charge individualized prices for the same product or service.
The push comes after a viral incident in which a JetBlue customer reported a flight fare increasing by $230 overnight while booking urgent travel to a funeral. JetBlue’s customer service response — suggesting the user clear cookies or use incognito mode — sparked widespread criticism that the airline may have been adjusting prices based on the customer’s perceived urgency or browsing behavior.
“Is JetBlue openly admitting to raising someone’s price hundreds of dollars because they know they have to go to a funeral?” Gallego posted on X on April 20, 2026. “Grief shouldn’t come with surge pricing. We need to pass my bill to make surveillance pricing illegal.”
What the One Fair Price Act Would Do
Introduced by Sen. Gallego in December 2025 as S.3387, the One Fair Price Act would make it unlawful for companies to use “surveillance data” — including browsing history, location, device information, shopping behavior, or life circumstances — to set different prices for the same or substantially similar products or services at the same time.
Key provisions include:
- A prohibition on surveillance-based price setting using automated systems or personal data.
- Enforcement authority for the Federal Trade Commission (FTC), state attorneys general, and private individuals who can sue for violations.
- Allowed exceptions for traditional discounts such as student, military, senior, or loyalty program pricing, as well as price differences justified by actual cost variations or genuine surges in demand.
- The bill does not apply to insurance or credit products.
The legislation aims to restore transparency and fairness in pricing, making it easier for consumers to compare true costs and preventing companies from exploiting personal data to extract maximum willingness-to-pay from individual buyers.
Why Gallego Says the Bill Is Needed
Gallego argues that surveillance pricing — powered by AI and vast troves of consumer data — fuels an affordability crisis by making prices opaque and unpredictable. He says the practice particularly harms vulnerable consumers during high-stress situations such as funerals, medical emergencies, or family crises.
The senator has positioned the One Fair Price Act as a critical consumer protection measure that would also help level the playing field for small businesses, which often cannot compete with large corporations’ sophisticated data-driven pricing systems.
The bill remains in the Senate Committee on Commerce, Science, and Transportation. Gallego is using the recent JetBlue example to highlight the real-world impact of unchecked surveillance pricing and build momentum for its passage.
JetBlue later clarified that its fares are not based on cached data or personal information and apologized for the misleading customer service response.
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