Consumers who suspect retailers are digitally watching not only their purchases but also their perceived interest in buying have every right to think so.
That’s because technology snoops track their shopping behaviour and use that information to set the optimal price for a product or service retailers know you want. Think of a golf apparel retailer shaping prices based on the branded shirt you last wore on the links, betting you’ll buy it again. Or a resort that uses geo-tracking to figure out your favorite vacation destinations, and nudging destination packages upward based on the data.
The problem is so pervasive that the U.S. Federal Trade Commission set in motion a personalized pricing enforcement policy last August that would mandate retailers and other businesses using consumer data to tell individuals three things:
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- That the price is personalized.
- Here’s what drove the decision to personalize a price.
- What methods of tech detection were used to set the price.
“When consumers see a listed price, they expect it to be the same price that everyone else sees, not the retailer’s estimate of how much they are willing to pay based on their personal data,” FTC Chairman Andrew Ferguson said in a statement. “The FTC does not have the legal authority to ban personalized pricing in all circumstances, but businesses that fail to tell consumers how their personal data is being used to set a price may be in violation of the FTC Act and other laws we enforce.”
Here’s what’s happening on the personalized pricing front
How bad is the problem?
A recent Consumer Reports and Groundwork Collaborative study used 437 Instacart-using volunteers to buy the same box of Wheat Thins at the same Safeway, and found a 23% price discrepancy. What’s more, the study found that each shopper was exposed to algorithmic price experiments, and researchers estimated the gaps could cost a family about $1,200 a year.
Personalized pricing technology is highly sophisticated, and consumers usually don’t know they’re being tracked.
“The model doesn’t need your income; it infers it,” Rodion Sorokin, chief technology officer of The Capital Index, an Austin, Tx.-based deep-tech venture studio, told Moneywise.
Companies can now easily track your device, ZIP code, how fast you add to cart, and whether you abandoned the same item twice.
“Each is a weak signal, and modern machine learning is very good at stacking weak signals into a confident guess about how much a price will hurt you,” Sorokin noted.
The technology is built to ensure consumers can’t track the trackers.
“From one screen, you can’t,” Sorokin said. “That’s the point. The only reliable test is side by side: same item, same minute, two devices or two accounts, one logged in and one not. If the prices differ and shipping or stock doesn’t explain it, you’ve found personalization.”
Risk-wise, retailers or any business with a product or service to sell can monitor anything whose price already moves constantly, like airfare, hotels, rental cars, and event tickets.
“That’s because personalization hides inside normal volatility,” Sorokin added. “And repeat purchases like groceries are big: the $1,200 a year in the Instacart study came from cents per item.”
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Here’s what you can do to fight back and protect your privacy
The FTC enforcement policy, if it goes through as currently constructed, will aid consumers, but shoppers can also take aggressive steps to keep their private purchasing behavior more private. These moves could turn the tables on nosy consumer trackers.
Know what shopping behavior is being monitored.
High-consideration categories, or categories that require multiple visits, are at the highest risk. That typically includes electronics, flights, hotels, rental cars, or financial products.
“Customers typically research multiple times over many days on these things, and personalization models can capture all of this to understand your willingness to buy,” Saurabh Pitkar, director of product management for agentic commerce and agentic AI at Dell Technologies, told Moneywise. “Typically, retailers measure this by engagement on specific elements on the screen and repeat visit behavior to determine purchase intent.”
Look into logging out, price alerts, incognito mode, or VPNs
Tech privacy experts say shopping while logged out may help the most. “That’s because account-level purchase history is the richest signal a retailer has at their disposal,” Shampaigne Graves, consumer expert and analyst at Women’s Research Solutions, told Moneywise.
Comparing prices across two devices or two browsers can also help you catch a personalized price in the act. Graves’ pre-purchase routine for anything over a few hundred dollars sets these factors:
- Check the price on two devices, one logged out.
- Compare the direct site against an aggregator.
- Set a price alert instead of buying on the first look.
“If you can tolerate it, leave the item in your cart for 24 hours,” she advises. “A sudden “discount” email is the algorithm admitting the first price was negotiable.’
Shoppers have a right to know
Privacy specialists say meaningful business disclosure should answer a simple question: “Was information about me used to determine this price?”
“Consumers should also be able to know what categories of information were used and whether another consumer could be offered a different price for the same transaction,” privacy expert Lawrence Nault told Moneywise.
“There’s also a household-budget issue when the lowest price for ordinary or essential goods is available only in exchange for personal information, Nault, the author of the book Siding 29: How We Enclosed the Record of Human Life — and How We Can Build Differently, a book about consumer data collection, privacy and surveillance, added. “At that point, what is marketed as a loyalty “discount” can also function as a price placed on privacy.”
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Brian O'Connell is a US based former Wall Street bond trader and author of two best-selling books: "The 401k Millionaire" and "CNBC's Creating Wealth". His work is featured on national finance and business platforms like TheStreet.com, CBS News, CNN, The Wall Street Journal and Forbes
