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Maryland Passes First State Ban on Surveillance Pricing in the Grocery Sector

The move signals growing state pushback against data‑driven price targeting.

Overview

  • Maryland’s General Assembly approved the Protection From Predatory Pricing Act this month, making the first state move against individualized pricing, and the bill now awaits Gov. Wes Moore’s signature after he voiced support.
  • The measure targets food retailers and third‑party delivery services and bars using a shopper’s personal data to set their price, a tactic known as surveillance pricing that tailors offers based on purchase history, demographics, or online behavior.
  • The bill prohibits real‑time price changes based on personal data, requires listed prices to stay the same for at least one business day, and sets fines up to $10,000 for a first violation and $25,000 for repeat offenses.
  • Enforcement is limited to the state attorney general and includes a 45‑day period to “cure” violations, while broad carve‑outs for loyalty programs, subscriptions, and customer consent drew warnings from CDT and Consumer Reports about loopholes.
  • If signed, the law would take effect on October 1, 2026, which could give shoppers more predictable shelf‑to‑register prices in supermarkets even as other sectors remain outside the bill’s scope.