Three Checks Before AI Sets Your Prices
Mathew PaquetChecklist · 4 min read

Three Checks Before AI Sets Your Prices

Before a vendor sets your prices with AI, find out what it reads, run the tag test, and keep your discounts honest.

01 Two machines called AI pricing

At the end of September, Reuters found a Big Mac at $5.69 in one Fresno McDonald's and $6.89 at another about two miles away. Behind the menus: a machine learning engine that suggests a price for every item at every restaurant. McDonald's says AI doesn't set its prices, the owners do. But every business now faces the question: if AI helps set your prices, what is it allowed to know about the person paying? First, see that "AI pricing" is really two machines.

Machine What moves the price What the customer sees
Prices the product Costs, demand, the season. That's surge. Everyone sees the same price at the same moment.
Prices the person What you bought before, where your phone is, your device, what the system thinks you'll put up with. Same item, same store, same minute, a different number for each person.

The second one is the one getting banned. From the outside, it looks like this: in a test published by Consumer Reports and two other groups, 437 volunteers filled the same Instacart basket from the same store at the same time. About three quarters of the products showed up at different prices for different people, some up to 23% apart. Instacart says these were randomized tests and it doesn't use personal data to set prices. Within weeks, it ended them all.

The shopper can't tell a test from a profile. They just see that their neighbor paid less.

02 What the rules already say
Where The rule Status
New York A price set by an algorithm using personal data must carry this sentence: "This price was set by an algorithm using your personal data." A federal judge called the sentence plainly factual. Retailers appealed.
The FTC, nationwide It says it can't ban personalized pricing. Where people expect one price, say clearly that it's personalized, why, and what data you used. Proposed in August 2026
Maryland Large grocery stores and grocery delivery can't set a personal price from your data, unless you agree to trade your data for the deal. In force since October 1, 2026
New Jersey, Connecticut Bans passed. Connecticut's starts July 1, 2027. Passed
New York ban The One Fair Price Act Waiting on the governor

The FTC's proposal also names two things to avoid: calling a personal price "specially selected," and showing a higher price as a loyalty discount. None of this is legal advice, and the rules change by state. But they all point the same way.

03 Check one: what does it read?

Write down every input the tool uses, and sort each one.

Product inputs: your costs, your stock, demand, the season, what competitors charge. Person inputs: purchase history, location, device, anything that estimates what one customer will pay.

Most tools will show you this list if you ask. If a vendor can't, that tells you something. If it reads the person, you either get the customer's clear yes, or you switch that part off.

Questions for any AI pricing vendor
1. Please send the full list of inputs your engine reads to suggest a price.
2. Which of those describe one customer rather than the product?
3. Can each of those be switched off for our account?
4. Who else in our market runs the same engine?

Why question 4: a customer has filed a lawsuit claiming McDonald's shared pricing system, across nearly 14,000 U.S. restaurants, is a way of coordinating prices. McDonald's disputes it, and it's only a claim for now. But if you and your competitors all buy the same tool and feed it the same data, keep that in mind.

04 Check two: the tag test

Take the reason behind a price and imagine it printed right next to it, like New York's sentence.

The tag test
This price is [HIGHER / LOWER] because [THE REAL REASON THE TOOL USED].

Would I show this to the customer? [YES / NO]
Passes: "This price is higher because our costs went up." Fails: "This price is higher because you usually buy in a hurry."

If you'd be embarrassed to show it to the customer, that's your answer.

05 Check three: keep discounts honest

A personal deal is fine when the customer chose it and it's really cheaper. Run every deal past these three lines.

The customer chose the deal. They joined, or agreed to trade their data for it.
The deal is really cheaper than the shelf. A markup wearing a loyalty badge is the one regulators are naming.
Anyone can see the rule. Join the program, get the member price, and it's lower than the shelf.

One price is turning into a selling point. Walmart's CEO wrote to customers in September: "We price the product, not the person." In a poll for a consumer group this year, 72% of voters said they'd accept smaller discounts if it meant everyone got the same price.

Let AI price the product. And if it ever prices the person, say so, or don't do it.

Sources

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Before any tool suggests your prices, ask for the full list of inputs it reads and mark each one product or person.

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