New York Demands Information From Instacart About Algorithmic Pricing Experiments
Maplebear Maplebear (US:CART) PYMNTS.com·2026-01-09 02:50

Core Viewpoint - New York State Attorney General Letitia James is investigating Instacart for potential violations of the state's Algorithmic Pricing Disclosure Act due to concerns over its pricing practices [1][3][4]. Group 1: Investigation and Legal Concerns - Attorney General James demanded information from Instacart regarding its algorithmic pricing and price-setting experiments following a study that indicated the company was displaying different prices for the same product to different shoppers [2][4]. - The Algorithmic Pricing Disclosure Act, effective November 10, mandates that companies using algorithmic pricing must provide clear disclosures near prices [3]. - James emphasized the need for fair pricing and transparency in how companies utilize personal information, indicating potential legal action if violations are confirmed [4]. Group 2: Company Response - An Instacart spokesperson stated that the company ceased all item price testing in December and asserted that their pricing practices did not involve personalized or surveillance pricing [5][6]. - Instacart expressed confidence in its compliance with the Algorithmic Pricing Disclosure Act and is committed to industry best practices, looking forward to clarifying any misunderstandings with the Attorney General [5]. - The company acknowledged that some media coverage contained misconceptions about its pricing practices, indicating a commitment to meet customer expectations [6]. Group 3: Regulatory Scrutiny - The Federal Trade Commission (FTC) has also shown interest in Instacart's pricing practices, having sent a civil investigative demand regarding the company's AI pricing tool [6][7]. - The FTC has refrained from commenting on the specifics of the investigation but expressed concern over the allegations surrounding Instacart's pricing methods [7].