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Ferrara wrote that the NGA hopes both the current and next presidential administration will look closely at anticompetitive behaviors, including price discrimination, that are increasing prices for independent grocers and the community members they serve.

There are federal laws that prohibit charging discriminatory prices in certain circumstances — for example, when people are charged different rents or mortgage interest rates based on their race — but Hepner said surveillance pricing may represent “a new frontier in price discrimination” not reached by those statutes.

Another concern is the way dynamic pricing can be perceived as a form of price discrimination, where different customers are charged different prices for the same product or service based on factors like demand, time of purchase or even personal data.

"There's also a risk of price discrimination, with products that are more popular in certain stores ending up having prices pushed up because of higher demand in that area," he says.

The rules seek to bar excessive price discrimination, protect workers’ rights and restrict the use of personal data or using AI for “illegal” purposes.