{"id":13740,"date":"2026-01-28T13:49:09","date_gmt":"2026-01-28T20:49:09","guid":{"rendered":"https:\/\/dh.durangoherald.com\/tj\/surveillance-captive-audience-and-wholesale-pricing-are-in-colorado-democrats-cost-of-living-crosshairs\/"},"modified":"2026-03-25T19:31:58","modified_gmt":"2026-03-25T19:31:58","slug":"surveillance-captive-audience-and-wholesale-pricing-are-in-colorado-democrats-cost-of-living","status":"publish","type":"post","link":"https:\/\/dh.durangoherald.com\/tj\/surveillance-captive-audience-and-wholesale-pricing-are-in-colorado-democrats-cost-of-living\/","title":{"rendered":"Surveillance, captive-audience and wholesale pricing are in Colorado Democrats\u2019 cost-of-living crosshairs"},"content":{"rendered":"\n

\"Colorado
Colorado Rockies' Coors Field, Aug. 15, 2023, in Denver. (Hugh Carey\/Colorado Sun)<\/span><\/figcaption><\/figure>\n<\/p>

The end of the $10 stadium hot dog<\/a> in Colorado may be near.<\/p>\n

Democrats in the Colorado legislature this year are trying to pass a package of bills that aim to rein in consumer prices by outlawing higher costs for so-called captive audiences, banning \u201csurveillance pricing,\u201d and prohibiting manufacturers from selling their goods to small businesses for more than they charge big-box stores.<\/p>\n

\u201cWe need to be sure that our marketplace is actually competitive and the consumer, which also includes small businesses, are not just overrun and overpowered,\u201d said Assistant House Majority Leader Jennifer Bacon, a Denver Democrat who is working on the trio of bills. \u201cWe believe in consumers\u2019 ability to bargain and engage in this market. What we need is not just transparency, but we need to be protected.\u201d<\/p>\n

Many business groups are already lobbying against the measures. Gov. Jared Polis, as well as more moderate Democrats at the Capitol, could pose a roadblock to the bills becoming law, too.<\/p>\n

Here\u2019s what the measures are and how they would work.<\/p>\n

Captive audience and third-party delivery pricing<\/div>\n

The only one of the three measures that already has been introduced is House Bill 1012<\/a>.<\/p>\n

The legislation would require third-party delivery apps, like Uber Eats and Door Dash, display the in-store or in-restaurant price of products they offer alongside their price when they\u2019re purchased for delivery through the app.<\/p>\n

The in-store prices are typically lower, and the bill\u2019s sponsors want consumers to be aware of that difference.<\/p>\n

The bill would also require that consumers in \u201ccaptive audience\u201d settings like hospitals, stadiums and airports \u2013 where the options of where to buy food, services and goods are limited \u2013 don\u2019t face artificially inflated prices. This is where that $10 hot dog comes into play.<\/p>\n

The measure would require that vendors in captive audience settings price what they\u2019re selling at the average price for a comparable product in the surrounding county.<\/p>\n

So if the average price of a hot dog in Denver is $3.50 (we\u2019re guessing here), then it would have to cost the same in Coors Field, Ball Arena or at Empower Field \u2013 or the airport, if you\u2019re into that kind of thing. In a hospital, the legislation would aim to prevent a patient from being charged an exorbitant amount for a Band-Aid or ibuprofen pill.<\/p>\n

\u201cI think we all know that when something is 10 times the cost of what you\u2019d buy down the street, that is price gouging,\u201d said state Rep. Yara Zokaie, a Fort Collins Democrat who is a lead sponsor of the bill.<\/p>\n

The other lead sponsors are Democratic state Rep. Kyle Brown of Louisville and state Sens. William Lindstedt of Broomfield and Mike Weissman of Aurora.<\/p>\n

The Colorado Attorney General\u2019s Office would be responsible for enforcing the measure under the Colorado Consumer Protection Act.<\/p>\n

The list of groups opposing the bill includes the Colorado Bankers Association, Colorado Chamber of Commerce, Colorado Hospital Association and the National Western Stock Show and Rodeo. Door Dash, Instacart and Uber are seeking changes to the measure.<\/p>\n

Republicans, who are in the minority in the House and Senate, are also vowing the fight the bill. They cannot stop the legislation without Democrats\u2019 help, but they can try to slow its progress.<\/p>\n

\u201cWe already have strong consumer protection laws to address truly abusive conduct,\u201d state Rep. Chris Richardson, an Elbert County Republican, said in a written statement. \u201cThe problem is not a lack of legal authority.<\/p>\n

\"State
State Rep. Yara Zokaie, D-Fort Collins, speaks to reporters at a news conference about the 2025 special legislative session at the Colorado Capitol in Denver on Aug. 21. (Jesse Paul\/Colorado Sun)<\/span><\/figcaption><\/figure>\n<\/p>
Surveillance pricing<\/div>\n

A group of Democrats plan to try for the second year in a row to outlaw \u201csurveillance pricing\u201d in Colorado.<\/p>\n

That\u2019s when a company uses a consumer\u2019s digital footprint to determine how much to charge them for a good or service. A common example is an airline increasing flight prices for a person who recently visited an online obituary \u2013 the thinking on the business\u2019 part being that they are traveling to a funeral and are willing to pay more.<\/p>\n

\u201cIf the supply side knows how much the demand side will pay, right, then the system is rigged,\u201d said state Rep. Javier Mabrey, a Denver Democrat who is working with Bacon on the measure. \u201cThe idea is that a company cannot set a price by spying on you.\u201d<\/p>\n

Bacon said competition needs transparency and that consumers need the ability to bargain and engage in the free market.<\/p>\n

\u201cThey want to be able to have a say at how much they\u2019re going to spend on something, and they don\u2019t want to feel like the whole world is watching them,\u201d she said.<\/p>\n

The plan is to try to regulate surveillance pricing through the Colorado Consumer Protection Act and to give the Colorado Attorney General\u2019s Office and the everyday consumer the ability to sue if they suspect a violation.<\/p>\n

The measure is expected to be introduced in the coming weeks.<\/p>\n

A similar bill<\/a> failed in the House Judiciary Committee last year.<\/p>\n

The 2025 measure was opposed by groups like the American Property Casualty Insurance Association, Colorado Hotel and Lodging Association, Colorado Technology Association and United Airlines. It was backed by unions and liberal advocacy groups.<\/p>\n

The sponsors of this year\u2019s measure think that the growing influence of technology on pricing will help them overcome the opposition that sank the bill last year.<\/p>\n

Leveling the playing field for small businesses<\/div>\n

The final bill, expected to be introduced in late February or early March, will seek to prohibit producers and wholesalers from charging different prices to different retailers.<\/p>\n

The idea is to prevent big-box stores like Walmart and Costco from getting preferential pricing that a small business can\u2019t compete with.<\/p>\n

\u201cWhat we\u2019re looking at here is saying that prices should not be different for small businesses just based off their location or their size,\u201d said Zokaie, who is working with Lindstedt on the measure. \u201cWhat this bill is about is making sure small businesses have tools to survive and thrive in an economy that, many times, is rigged against them.\u201d<\/p>\n

While the measure is geared toward small retailers, smaller producers also see a benefit, too.<\/p>\n

Mike Callicrate, a Colorado rancher, says he\u2019s lost business because larger beef wholesalers have undercut him through preferential pricing.<\/p>\n

\u201cThere\u2019s no way to compete,\u201d said Callicrate, who lives in Colorado Springs, where his food products company is based, and operates a ranch in northwestern Kansas.<\/p>\n

Business groups are expected to lobby heavily in opposition to the measure.<\/p>\n

The Colorado Sun is a reader-supported, nonpartisan news organization dedicated to covering Colorado issues. To learn more, go to coloradosun.com<\/em><\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

business groups are already lobbying against the measures<\/p>\n","protected":false},"author":1,"featured_media":13741,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[],"tags":[394,28,1450],"naviga_topic":[],"class_list":["post-13740","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","tag-colorado-legislature","tag-headlines","tag-prices"],"acf":[],"author_name":"dh_admin","_links":{"self":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts\/13740","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/comments?post=13740"}],"version-history":[{"count":2,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts\/13740\/revisions"}],"predecessor-version":[{"id":19136,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts\/13740\/revisions\/19136"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/media\/13741"}],"wp:attachment":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/media?parent=13740"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/categories?post=13740"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/tags?post=13740"},{"taxonomy":"naviga_topic","embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/naviga_topic?post=13740"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}