Yesterday, U.S. District Judge Jed Rakoff in Manhattan dismissed a lawsuit filed by the National Retail Federation challenging the constitutionality of New York's Algorithmic Pricing Law. Enforcement of the law by the New York Attorney General's Office had been stayed pending resolution of the suit. Since the case was dismissed with prejudice, businesses operating in New York State must ensure compliance with the law’s requirements, including providing a disclosure whenever prices are set by algorithms that utilize personal data.
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Now Enforceable in New York: Algorithmic Pricing Disclosures
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For one thing, the statement required by the pricing law — "This price was set by an algorithm using your personal data" — is factual, and simply requires retailers to disclose their pricing practices, the order states.
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