Technology & Privacy
Maryland Becomes First State to Ban Surveillance Pricing on Food (and Dynamic Pricing Legislation Gains Momentum)
April 30, 2026 | Katherine Tschopp
Maryland became the first state to enact a surveillance pricing ban when Governor Wes Moore signed HB 895, prohibiting food retailers and delivery services from using consumers' personal data to increase prices for specific individuals starting October 1, 2026. The Maryland surveillance pricing ban applies to large food retailers (15,000+ square feet) and third-party delivery providers, but only covers tax-exempt food items and allows businesses to continue offering discounts, loyalty programs, and promotional pricing. Dynamic pricing legislation in states like Maryland, California, Hawaii, and New York reflects growing efforts to regulate personalized pricing practices that involve consumer data, though definitions vary. Maryland focuses on discriminatory price increases while other states address broader algorithmic pricing methods. Food retailer pricing restrictions under HB 895 exempt standard business factors like supply and demand, geographic costs, and seasonality, though the bill's language could create compliance challenges by not explicitly excluding these practices from the definition of prohibited pricing. State algorithmic pricing laws are emerging nationwide, but inconsistent terminology across jurisdictions—conflating dynamic pricing, surveillance pricing, and algorithmic pricing—may complicate compliance for retailers operating in multiple states.
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