What they're not telling you: People shop at a supermarket on 18 July 2025 in Rockville, Maryland. Photograph: Sha Hanting/China News Service/VCG via Getty Images View image in fullscreen People shop at a supermarket on 18 July 2025 in Rockville, Maryland. Photograph: Sha Hanting/China News Service/VCG via Getty Images Technology Maryland becomes first state to ban surveillance pricing.html" title="New York Senate takes on junk fees, digital subscriptions, surveillance pricing" style="color:#1a1a1a;text-decoration:underline;text-decoration-style:dotted;font-weight:500;">pricing in grocery stores Critics say Maryland’s new law banning rapidly change product costs based on consumer data is full of carveouts Prefer the Guardian on Google Maryland has become the first state in the US to ban surveillance pricing in grocery stores.
# THE TAKE: Maryland's Performative Privacy Theater Maryland's surveillance pricing ban is regulatory security theater masquerading as consumer protection. The state legislature banned *algorithmic price discrimination* at point-of-sale—a narrow technical fix addressing symptoms while infrastructure enabling this practice remains untouched. Retailers already collect biometric and behavioral data through loyalty programs, mobile apps, and third-party data brokers. They'll simply migrate discrimination upstream: dynamic pricing adjusts before checkout, not during it. The real mechanism? Data aggregators like Epsilon and Acxiom already profile consumers by zip code, purchase history, and browsing behavior. Maryland banned the *visible manifestation* while leaving the underlying surveillance apparatus intact. This is legislative comfort food. Policymakers get PR wins. Tech adapts. Citizens believe they've won privacy rights they demonstrably haven't. The ban fixes nothing that matters.
What the Documents Show
Maryland ’s law bans grocers and third-party delivery services from using a person’s personal data to set higher prices. Wes Moore, the governor, signed the measure into law on Tuesday. “At a time when technology can predict what we need, when we need it, when we’ll pay for it and also – when we’ll pay more for it, and at a time when we’re watching how big companies are then using these analytics against us to make record profits, Maryland is not just pushing back. Maryland is pushing forward because we are going to protect our people,” Moore said at the bill signing ceremony. When engaging in surveillance pricing, stores rapidly change the cost of products based on consumer data, including their location, internet search history and demographics.
Follow the Money
That means buyers are paying different prices for the same items purchased around the same time. Critics of this method – also known as dynamic pricing – say that in doing so, businesses are effectively charging each person the most that they’re willing to pay . While Maryland’s new law focuses on grocery stores, the Federal Trade Commission (FTC) has documented examples of surveillance pricing in stores selling clothing, beauty products, home goods and hardware. Consumer groups note there is an added urgency when it comes to grocery stores, though, given that they affect Americans’ ability to access affordable food. Bills being considered in Colorado, California, Massachusetts, Illinois and New Jersey may likewise regulate surveillance pricing. The US federal government has weighed in as well.
What Else We Know
The Federal Trade Commission, under the Biden administration, opened an investigation into these pricing practices and published initial findings from a study last January that found companies use an expansive range of personal data in setting varying prices for buyers. But it’s unlikely the current administration will crack down on surveillance pricing, given that the current FTC chair, Andrew Ferguson, characterized the previous administration’s report as a rush job. It’s in this context of federal inaction, that states like Maryland need to take action says Tom McBrien, counsel at the Electronic Privacy Information Center (Epic). Anti-surveillance advocates say the new law is riddled with industry carveouts that will make it harder to protect consumers. They welcomed Maryland’s focus on the practice but say they are concerned about loopholes inserted as a result of industry lobbying. “We’re excited Maryland took this step but we do have serious concerns,” McBrien says.
Primary Sources
- Source: Hacker News
- Category: Surveillance State
- Cross-reference independently — don't take our word for it.
Disclosure: NewsAnarchist aggregates from public records, API feeds (Federal Register, CourtListener, MuckRock, Hacker News), and independent media. AI-assisted synthesis. Always verify primary sources linked above.