Most people assume that a price tag represents the same cost for every customer. Surveillance pricing — sometimes called personalised or dynamic pricing — operates on a different logic. Using detailed profiles assembled from a shopper's browsing history, purchasing behaviour, physical location, and other personal data, retailers can charge different customers different prices for the identical product at the identical moment.
Maryland has become the first state in the US to pass a law specifically targeting this practice. The Protection from Predatory Pricing Act, signed off by the state legislature and confirmed for signature by Governor Wes Moore, bans food retailers and third-party delivery services from using personal data to set prices for individual shoppers. It takes effect on October 1, 2026.
The law was prompted, in part, by growing concerns about the rollout of digital price tags in major supermarkets — electronic shelf labels that can be updated remotely and instantly. Governor Moore, who proposed addressing the issue, stated that Marylanders should be able to trust that the price they see on a shelf is what they will actually pay at the register.
The new law requires grocery stores to hold prices fixed for at least one full business day, preventing real-time price adjustments tied to individual customer data. Loyalty programme benefits and promotional pricing remain permitted.
Consumer advocacy groups have noted some limitations in the final legislation, including exemptions for loyalty scheme pricing. Despite this, the law represents the first legal acknowledgement in the United States that surveillance pricing in grocery retail is a consumer protection issue — and several other states, including California, Colorado, Illinois, and New York, are considering similar legislation.