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If you\u2019re near<\/span> Rochester, New York, the price for a carton of Target\u2019s Good & Gather eggs is listed as $1.99 on its website. If you\u2019re in Manhattan\u2019s upscale Tribeca neighborhood, that price changes to $2.29. It\u2019s unclear why the prices differ, but a new notice on Target\u2019s website offers a potential hint: \u201cThis price was set by an algorithm using your personal data.\u201d<\/p>\n A recently enacted New York State law<\/a> requires businesses that algorithmically set prices using customers\u2019 personal data to disclose that. According to the law, personal data includes any data that can be \u201clinked or reasonably linked, directly or indirectly, with a specific consumer or device.\u201d The law doesn\u2019t require businesses to explicitly state what information about a person or device is being used or how each piece of information affects the final price a customer sees. The law includes a carve-out for the use of location data strictly to calculate cab or rideshare fares based on mileage and trip duration but not for other purposes.<\/p>\n The law also requires that the disclosure is \u201cclear and conspicuous.\u201d Target\u2019s disclosure is not the easiest to find\u2013a customer would have to know to click the \u201ci\u201d icon next to the price of an item, then scroll to the bottom of the pop-up. In the past, the courts have held<\/a> that it\u2019s not always reasonable to assume that a customer will click on \u201cmore information\u201d links when it\u2019s not required.<\/p>\n Target didn\u2019t respond to questions about the price differences or explain what personal data was used per the disclosures.<\/p>\n For years, Target has had a practice of setting different prices for different locations. In 2021, the Huffington Post found that Target\u2019s website changed prices<\/a> depending on the store location associated with a user, and a spokesperson for the company told reporters at the time that its online prices \u201creflect the local market.\u201d In 2022, the company settled a lawsuit<\/a> filed by multiple California county district attorneys that alleged it used geofencing to automatically update the prices listed in customers\u2019 Target apps. Today, when you visit Target\u2019s website, it still automatically associates you with a nearby store, which you can change in the website\u2019s settings. (Target didn\u2019t respond to questions about how it decided which brick-and-mortar store to automatically associate with a website visitor.)<\/p>\n In addition to eggs, the price of toilet paper also appears to change based on what store a customer is associated with. For those whose store is set in Flushing, Queens, a six-pack of Mega Charmin Ultra Strong Septic-Safe Toilet Paper is $8.69. Those with the Tribeca location are shown $8.99 for the same listing.<\/p>\n<\/div>\n