Portland Weighs Banning Stores From Charging Shoppers Different Prices Based on Personal Data

PORTLAND, Ore. — Portland District 4 Councilor Eric Zimmerman’s ordinance banning retailers and delivery apps from using personal data to set different prices for different customers is scheduled for a first reading before City Council on Wednesday, November 4.

Zimmerman strongly opposes “surveillance pricing”, a method that can use AI algorithms, personal data, and demographics to set different prices for different shoppers.

The Proposal Would Cover Retail Goods and Protect Consumer-Saving Programs

He introduced the Consumers Opposed to Surveillance Technology (COST) ordinance, which covers retail goods. It protects consumer-saving programs, including senior and veteran discounts, sales, coupons, and loyalty and rewards cards.

The proposed code allows different delivery or service fees based on objective delivery costs, rather than predicted income or personal data. It also bars retailers and delivery services from increasing the retail price of products more than once in a calendar day, subject to its discount exemptions.

The use of these pricing tools is not widely documented among Portland retailers, according to the ordinance’s supporting materials. However, Zimmerman wants to stop surveillance pricing before it becomes common practice, or before businesses invest in technology to implement the practice.

Zimmerman Says the Same Product Should Cost the Same for Both Shoppers

“If two Portlanders walk into the same retail store (in the city) and buy the same product, on the same day, at the same time, the price for that product should be the same for both individuals,” says Zimmerman, explaining the reason for the proposed legislation.

COST has already advanced with a 4-1 vote through the council’s City Life Committee. If approved by the full Council, its provisions would become effective on July 1, 2027.