this post was submitted on 21 Oct 2024
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In a letter Friday to Kroger CEO Rodney McMullen, Congresswoman Rashida Tlaib (D-MI) said the plans — which involve using facial recognition tools in digital displays to target advertising to customers and collect information on them — potentially pave the way for biased pricing discrimination.

“Studies have shown that facial recognition technology is flawed and can lead to discrimination in predominantly Black and Brown neighborhoods,” Tlaib wrote in the letter, which was posted on social media Tuesday. “The racial biases of facial recognition technology are well documented and should not be extended into our grocery stores.”

Kroger is the largest grocery store chain in the country with nearly 3,000 stores and $3.1 billion in profits in 2023. Kroger and other retailers already use electronic shelving labels instead of paper labels to rapidly adjust prices based on a variety of factors, including time of purchase, where a grocery store is located and other data.

The plan to use facial recognition technology could allow the retailer to build individual profiles on customers, based on data like their gender and shopping habits.

In an August letter sent to McMullen about the same plans, Sens. Elizabeth Warren (D-MA) and Bob Casey (D-PA) said they were concerned about the chain building “personalized profiles of each customer, and then use those profiles ‘to determine how much price hiking each of us can tolerate,’ quickly updating and displaying the customer’s maximum willingness to pay on the digital price tag.”

The use of facial recognition tools in Kroger stores also raises concerns about how Kroger intends to “adequately” safeguard customer data, the Warren and Casey letter said.

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[–] [email protected] 130 points 1 month ago (5 children)

“To be clear, Kroger does not and has never engaged in ‘surge pricing,’” the statement said. “Any test of electronic shelf tags is designed to lower prices for more customers where it matters most.”

Isn't that the same thing? It doesn't matter if you raise prices on demand or lower them, the outcome is the same - different pricing at different times.

[–] [email protected] 81 points 1 month ago

This is all a misunderstanding! The high price IS the regular price. We lower the prices at certain times to benefit our customers, who we love so very much. This is totally not surge pricing!

[–] abigscaryhobo 10 points 1 month ago* (last edited 1 month ago)

Yeah see it's not surge pricing! We actually lower prices whentheresnobodyintheaisle so that the discounts are passed on to you! Also we list the lowered price in the ads and apps so when you come in you can be surprised by power of our tech! and the updated price

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[–] just_another_person 95 points 1 month ago (14 children)

We need a law in the US banning the use of computer assistance for identifying humans. Hands down. It's not accurate, and it only emboldens people controlling resources.

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[–] [email protected] 54 points 1 month ago* (last edited 1 month ago) (1 children)

I think they are absolutely, positively, going to breach their face database and everyone's purchase history all over the Internet.

I've been watching for an event like this with popcorn ready.

I've got a good/bad/terrible feeling that they're playing for keeps in the race to be the biggest consumer privacy headline public relations disaster.

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[–] [email protected] 48 points 1 month ago (2 children)

If companies can't protect the information they collect now, (a large portion of it gathered without consent), how are they going to protect even more information; and where can I opt out?....smh

[–] [email protected] 24 points 1 month ago (6 children)

The opt out comes in the form of a can of spraypaint.

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[–] [email protected] 18 points 1 month ago (6 children)

Two options:

  • wear something that prevents facial recognition (something like Reflectacles, for example)
  • don't shop at Kroger

I'm doing the latter, but I'm probably going to pick up some anti-facial recognition stuff as well, just to screw with the various other orgs that do this (gonna try going through the airport w/ them as well the next time I travel).

[–] grue 21 points 1 month ago* (last edited 1 month ago) (4 children)

Third option: force the government to outlaw this bullshit

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[–] PunnyName 18 points 1 month ago (1 children)
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[–] HootinNHollerin 47 points 1 month ago* (last edited 1 month ago) (4 children)

Kroger also owns: Ralphs, Dillons, Smith’s, King Soopers, Fred Myer, Fry’s, QFC, City Market, Owen’s, Jay C, Pay Less, Baker’s, Gerbes, Harris Teeter, Pick‘n Save, Metro Market and Mariano’s.

[–] Coreidan 19 points 1 month ago (6 children)

Thank fuck I haven’t heard of a single one of those stores and have never shopped in them

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[–] [email protected] 8 points 1 month ago (4 children)

Missed Fred Meyer, which is huge in the PNW.

I don't shop at any of those, mostly because it's not my closest grocery store. It is the biggest though, I just don't want to drive the extra 10 min to go there vs my local one w/ competitive prices.

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[–] [email protected] 6 points 1 month ago (7 children)

And now Safeway!

But don't worry, there's still Walmart as an option.

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[–] [email protected] 33 points 1 month ago (1 children)

This is a privacy intrusion that should be banned nationally.

[–] [email protected] 23 points 1 month ago* (last edited 1 month ago) (5 children)

The US government should already be breaking up Kroger for its monopolistic practices.

I suspect most of the C Suite is simply waiting for whatever they see as the peak of their share price to sell off everything and move on to their next parasitic host.

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[–] whotookkarl 30 points 1 month ago (1 children)

Surge pricing=price gouging, there is no difference

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[–] atrielienz 29 points 1 month ago

Mask mandates may not be in effect but I can wear one to the grocery store. This is stupid and I will not participate.

[–] theunknownmuncher 29 points 1 month ago (1 children)

Oh no, I accidentally smudged a little bit of paint over the facial recognition camera lens... Oops!

[–] [email protected] 28 points 1 month ago (4 children)

Going to be hard to do when it's under a little black dome 45 feet up in the air. Also there's dozens of them...

[–] theunknownmuncher 11 points 1 month ago (1 children)

Be careful to never shine a 20mW green laser into the lens of a camera!!

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[–] [email protected] 10 points 1 month ago

Oh no, I accidentally put paint in a super soaker and it squirted upwards on the camera! Silly me, I'm such a klutz!

[–] [email protected] 10 points 1 month ago

sounds like a sombrero situation

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[–] [email protected] 29 points 1 month ago (2 children)

A Kroger spokesperson said in a statement that the company’s business model is built on a “foundation of lowering prices to attract more customers.” “To be clear, Kroger does not and has never engaged in ‘surge pricing,’” the statement said. “Any test of electronic shelf tags is designed to lower prices for more customers where it matters most.”

I know these PR people get paid a lot to tell bald-faced lies, but I just don't understand how they live with themselves.

[–] Etterra 18 points 1 month ago (1 children)

Because they're high-functioning sociopaths. About 1 in 100 people are, and they tend to gravitate into executive, sales, legal, marketing, "law" enforcement, and other careers where having little to no empathy or conscience is a distinct advantage.

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[–] [email protected] 22 points 1 month ago

Well, they wrote some letters. There's nothing more the nations law makers can do to protect citizens from corporate greed and price gouging. /s

[–] [email protected] 22 points 1 month ago* (last edited 1 month ago) (1 children)

In the USA, facial recognition isn't legal in some states (e.g. the company needs written permission from the individual to collect their facial data in Illinois), and other stores have had issues with facial recognition (e.g. https://www.ftc.gov/news-events/news/press-releases/2023/12/rite-aid-banned-using-ai-facial-recognition-after-ftc-says-retailer-deployed-technology-without) so I'm not sure how Kroger think they'll succeed with this.

[–] [email protected] 8 points 1 month ago* (last edited 1 month ago)

Honestly, they'll probably miss that and pay massive fines in Illinois. It seems to be the traditional approach by companies that get into facial recognition to also not bother to listen to anyone who could have told them not to.

[–] aesthelete 19 points 1 month ago

We need a large, well-organized movement to demand that the government add a right to privacy to the US Constitution.

[–] Badeendje 17 points 1 month ago

This is how you end up with laws mandating paper cards with pricing information.

[–] PunnyName 15 points 1 month ago

And it definitely won't negatively affect people of color, at all, will it?

[–] firepenny 10 points 1 month ago (1 children)

Kroger is one of the more expensive grocery stores in my area. Less reason to go now. Aldi is the way

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[–] [email protected] 9 points 1 month ago

This is appalling.

So nice to live in the Balkans where prices are still on paper, and in some stores you can still barter depending on the quantity you're buying. 😄

[–] [email protected] 9 points 1 month ago (3 children)

There's no way lawmakers stop this, so anyone know a way to wear a mask in public without looking like a lunatic?

[–] [email protected] 19 points 1 month ago (1 children)

I haven’t stopped wearing an N95 in public since 2020. I’m not going to say nobody has ever been weird to me about it, but the vast majority of people are more interested in my colorful hat than my mask. YMMV depending on location.

[–] Zerlyna 7 points 1 month ago

That’s a good idea. I don’t shop at Kroger but it’s only a matter of time for others to try this.

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[–] [email protected] 9 points 1 month ago* (last edited 1 month ago)

...attracting criticism from lawmakers, who warn it could...

Oh my, if only there were someone with the resources and authority to do something about it.

[–] [email protected] 7 points 1 month ago

I've been pretty lazy about changing stores since they had the easiest pick up i had found in my area, but i guess this is the ass kick i need to make sure i never go back.

Sucks they own almost all the groceries in my area. But i can trust that it's not a monopoly, right?

Groceries prices deeeeefinately aren't inflated. Nope. All good here.

[–] PushButton 6 points 1 month ago

That might be ugly, but something like that...

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