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How would that work? The barcode on the item doesn't get rewritten, the checkout counter can't distinguish who picked up which exact item. Even if they did assign unique barcodes to each item, what happens if you take the item off the shelf, and put it in someone else's cart? They'd be charged the wrong price for the item.
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The way McDonald's does this that they essentially offer discounts that you can only get by using the mobile app, and the mobile app can dynamically price your cart however they wish. All they (or any other business) has to do is to increase their non-mobile prices to squeeze out non-identifiable shopping.
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The store could make it mandatory to swipe your fidelity care before calculating your prices. They already do something similar with specialized promotions.
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If we're including promotions or membership discounts, then coupons fit this definition of price discrimination. And those have existed since the 90s at least.
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The problems show up when different people don't have access to the same coupons published by the store. Most coupons are fine.

They haven't had the ability to do the significantly bad kinds of targeting until recently. This is a new problem even if it's similar to old practices at the surface level.

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Your plan fails in a few ways.

Refreshing the content on an electronic shelf label (ESL) takes about 30 seconds, and multiple people can view a product simultaneously. Unless the store is giving everyone AR glasses, people will notice the price discrepancy.

This assumes you have sufficient data to actually recognize a shopper such as facial ID or some form of iBeacon for every single product for which you wish to implement price discrimination. Basic ESLs cost $3 to $12, depending on size and use very little energy. Adding a camera means more energy, so a bigger battery and more cost.

Using in-app discounts is the most likely way to implement this, which I am okay with. Shoppers are willingly trading their data privacy for a discount.

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I think viewing it at as a discount is framing it wrong. It’s more a fee for not using the app, and if you use the app you’ll get charged the highest price McDonald’s has decided you will pay.

Should this be legal is a question you could argue both ways, but in my opinion society will be worse off with per customer pricing.

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> Using in-app discounts is the most likely way to implement this, which I am okay with. Shoppers are willingly trading their data privacy for a discount.

I'm not OK with this. Simple reason, it leaves the wide masses with no other option than to sell their data to survive.

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> Using in-app discounts is the most likely way to implement this, which I am okay with. Shoppers are willingly trading their data privacy for a discount.

Your mistake is assuming it's a discount, when it's not. For example, Safeway near me charges exorbitant prices for goods which are anywhere from 30-50% lower in the app. What they're doing is the same as your average dark pattern, you're only getting the real price using the app otherwise they charge a no-app fee. And even then you can't tell what the real price is supposed to be, because the app will tailor discounts to your shopping behavior.

Shoppers can and have noticed the price discrepancy [1] which is why this legislation is happening in the first place. If the price isn't the price then the whole basis of capitalism and consumer choice falls apart because there's no way to make a proper determination if Store A is cheaper than Store B.

[1] https://www.consumerreports.org/money/questionable-business-...

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part of the reason I don't go there anymore. I noticed recently taco bell in my area no longer asks about their app, just takes my order.
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I think McDonalds dynamic pricing is great. Every time I checkout the app there is some crazy deal. Sure its not always something I want but I'm not necessarily competing w/ the other items on the menu. If there's no deal on something I want, I check BK or similar chains.
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