Summary:
Le Congrès des États-Unis a introduit la ‘Stop AI Price Gouging and Wage Fixing Act of 2025’ dans le cadre du 119e Congrès (2025-2026). Le projet de loi vise à prévenir l’utilisation abusive des algorithmes basés sur l’IA pour déterminer des prix et salaires individualisés afin de protéger les consommateurs et les travailleurs. Les principales dispositions incluent l’interdiction de la tarification et de la fixation des salaires basées sur la surveillance, des exigences accrues en matière de transparence, l’application par la FTC et l’EEOC, ainsi que des droits pour les consommateurs et les travailleurs de demander des dommages-intérêts en cas de violations. Les développements futurs comprennent la mise en œuvre de mécanismes d’application et des actions potentielles au niveau des États en vertu de la loi.
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The Stop AI Price Gouging and Wage Fixing Act of 2025, or H.R.4640, represents a significant legislative effort to regulate the use of artificial intelligence in critical socioeconomic activities such as price-setting and wage determination. By introducing restrictions on algorithmically-enabled practices often fueled by personal and behavioral data, the Act seeks to ensure fairness, transparency, and ethical practices in these domains.
### Legal Context
Key to the proposed legislation is its integration with existing regulatory frameworks, particularly the Federal Trade Commission Act (15 U.S.C. §§ 41-58) and anti-discrimination provisions enforced by the Equal Employment Opportunity Commission (EEOC). The Act explicitly defines “surveillance-based price setting” and its scope, targeting practices that generate individualized pricing or wage offers based on personal data. Similarly, it prohibits “surveillance-based wage setting” unless restricted to straightforward factors like geography and cost of living.
H.R.4640 also accounts for enforcement mechanisms, empowering the FTC and EEOC with extended jurisdiction over employers, common carriers, and nonprofit organizations operating within their purview. The inclusion of a private right of action for consumers and workers underlines the importance of personal redress, modeled partially on provisions in the Consumer Financial Protection Act (Title X of the Dodd-Frank Act). Furthermore, the Act respects federalism, explicitly allowing state laws that offer stronger protections to remain enforceable.
### Ethical Analysis
From an ethical standpoint, H.R.4640 seeks to mitigate the risks of digital discrimination and exploitation often associated with AI-driven algorithms. Surveillance-based pricing, for example, raises concerns about exacerbating income inequality by charging higher prices to those deemed less price-sensitive, ultimately punishing vulnerable consumer groups. The legislation explicitly limits such practices by requiring price differentials to be tied only to legitimate costs or publicly disclosed group benefits, thus promoting fairness.
Likewise, in the labor sphere, reliance on surveillance data for wage determinations—such as tracking employee productivity through intrusive monitoring—has raised questions about worker autonomy and dignity. By mandating the public disclosure of wage-setting mechanisms and creating avenues for dispute resolution, the Act attempts to balance efficiency gains from AI with fundamental labor rights.
### Industry Implications
The passage of this legislation would create significant operational and compliance challenges for industries relying heavily on algorithmic decision-making. Retailers and service providers that employ dynamic pricing algorithms must ensure their systems adhere strictly to the conditions outlined in the Act, including the public publication of pricing procedures. Financial penalties and the possibility of civil actions for violations could make non-compliance considerably costly.
For labor-intensive industries, the mandated transparency in wage-setting algorithms will likely necessitate investments in auditing and compliance tools to ensure procedural fairness. For example, an e-commerce company or logistics platform employing AI to allocate wages based on workload might need to retool their systems to ensure consistent, geography-based wage calculations.
That said, the Act also opens avenues for competitive differentiation. Firms that embrace transparency and fairness can leverage that goodwill as a marketing advantage. Consider a gig economy platform that proactively adopts compliance features—a move that could attract both ethically-minded consumers and workers.
### Concrete Examples
To illustrate, an airline using dynamic pricing algorithms to adjust ticket costs might fall afoul of the Act if it raises prices disproportionately for consumers observed purchasing tickets during lunchtime (indicative of white-collar employment). Similarly, a warehouse chain using surveillance cameras and wearable devices to track worker throughput and set wage tiers based on biometric data would face legal scrutiny unless they switched to purely geographic or cost-of-living-based metrics for wage adjustments.
In conclusion, H.R.4640 signals the increasing recognition that AI, if left unchecked, can perpetuate and amplify inequality. By coupling enforcement with transparency and accountability, the Act represents a balanced step toward combating algorithmic harms while allowing room for innovation within ethical boundaries.