Groundwork Collaborative on Monday unveiled a proposal for a “Shopper’s Bill of Rights,” which it said would shield US consumers from rampant corporate greed.

Noting the long history of consumer protection legislation, Groundwork Collaborative makes the case that new rules are desperately needed in an era where companies can use artificial intelligence to construct elaborate pricing schemes aimed at extracting every last dollar from shoppers.

The group cites its own past work documenting Instacart’s use of AI to target specific shoppers with higher prices to argue that corporate America badly needs stronger oversight to stop them from gouging consumers.

“Instacart is hardly a lone actor,” the group writes. “Unchecked pricing shenanigans are spreading to every corner of our economy, and consumers are rightfully angry.”

With this in mind, Groundwork Collaborative proposes 12 regulations aimed at protecting consumers from getting relentlessly nickel-and-dimed by big corporations.

The first proposal is giving consumers the right to an all-in price, meaning companies must let shoppers buy a good or service for its advertised price without tacking on assorted fees.

“The takeout order that looked like a quick fix for a hectic night can double in price once delivery fees pile up,” the group explains, “while a few clicks to buy concert tickets can leave a fan staring at a final box office bill that is more than 25% higher than the base price that lured them in. This deception is lucrative, as hidden fees get shoppers to spend 20% more than they would if they saw the full price upfront.”

Another proposal takes on the kind of surveillance pricing documented in Groundwork Collective’s Instacart report, where companies use consumers’ personal data to individually increase prices based on a number of factors in their personal browsing and shopping histories.

“Rapid advances in cloud computing, data collection, surveillance technologies, and artificial intelligence now equip companies to purchase, track, store, and analyze consumers’ personal data at an unimaginable scale,” the group writes. “Armed with troves of personal data, companies can increasingly determine your particular pain point: how much you, specifically, can be pushed to pay.”

Groundwork Collaborative recommends banning surveillance pricing altogether, while also cracking down on companies’ powers to collect and sell consumers’ personal browsing data.

The group also says that lawmakers should look into stopping dynamic pricing schemes, which don’t target consumers on an individual basis but nonetheless make unpredictable prices changes depending on a wide number of factors.

While dynamic pricing was originally designed for industries to handle scarcities, Groundwork Collaborative notes that it has since spread to businesses that are in no danger of facing product shortages.

“Grocery stores are not rationing cans of beans and Wendy’s is not running out of fries,” the group explains. “Still, shoppers have no way to tell the difference. Pricing algorithms are a black box, so when the price spikes, you have little way to know whether supply actually tightened, demand really surged, or the company simply spotted an opportunity to squeeze you.”

Here is a full list of policies Groundwork Collaborative is proposing:

  • Right to an All-In Price: The Price You See Is The Price You Pay
  • Right to a Fair Price: Pricing Products, Not People
  • Right to a Predictable Price: Reining In The Dynamic Pricing Rollercoaster
  • Right to Cancellation: Cancel With a Click
  • Right to Repair: If You Own It, You Can Fix It
  • Right to Your Own Agent: AI That Works For You, Not The Corporate Bottom Line
  • Right to Resale: What You Buy Is Yours to Sell
  • Right to a Level Playing Field: Giving Small Businesses a Chance to Compete
  • Right to Comparison Shop: Taking the Guesswork Out of Comparison Shopping With Unit Pricing
  • Right to a Refund: Ending The Runaround on Refunds
  • Right to Proper Billing: Know What You Owe and Why
  • Right to a Competitive Price: Bring Antitrust Into the 21st Century

Lindsay Owens, president and CEO of Groundwork Collaborative, accused corporate America of “deploying a dizzying array of tricks and tactics to reinvent the ripoff and squeeze American consumers,” and said it’s well past time for the government to step in.

“Shoppers shouldn’t have to outsmart an algorithm, decode the fine print, or fight their way out of a subscription just to get a fair deal,” Owens said. “Policymakers should put simple guardrails in place to protect consumers from the high-tech ways corporations are gouging us—the Shoppers’ Bill of Rights is a good place to start.”


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