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When Does Personalization Cross the Line Into Surveillance Pricing?

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Maryland's new law draws the line for grocers: shopper data can fund a discount but can't raise a price. What's ahead for marketers?

The Gist

Maryland draws a line. The Protection From Predatory Pricing Act (HB 895) took effect Oct. 1, 2026, barring grocers with stores of at least 15,000 square feet and third-party delivery services from using personal data to charge a shopper more.

Personalization survives, with proof. Loyalty pricing, promotions and retention discounts remain excluded, but analytics teams need documented reference prices and offer logs showing each individualized price works as a discount.

The patchwork widens. New Jersey's law covers groups of shoppers and adds a private right of action, and Connecticut's covers retailers broadly, so national brands should design pricing analytics to the strictest state standard.

Since Congress passed the Automobile Information Disclosure Act in 1958, every new car sold in the U.S. has carried a window sticker listing its suggested retail price.…

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