Surveillance pricing means setting an individual consumer's price from their personal data, such as browsing or purchase history, location or device. As of September 30, 2026, four states have enacted laws on it: New York, Maryland, Connecticut and New Jersey. Dozens more bills were filed in 2025 and 2026; our Surveillance Pricing Tracker lists each one with its status and sources.
This guide explains what each enacted law requires, which bills came closest to passing, and how the two main regulatory models differ. It is a summary, not legal advice; check the enacted text before relying on it.
1. What surveillance pricing is
This guide covers what the enacted laws require of businesses. For a plain-English explanation of surveillance pricing and the live list of every bill, see the surveillance pricing tracker.
Surveillance pricing (sometimes called personalized algorithmic pricing) uses data about a specific person to decide what that person is charged. It differs from dynamic or surge pricing, where a price changes for everyone based on time or demand. In July 2024 the Federal Trade Commission ordered eight companies that offer pricing products and services to provide information about surveillance pricing.
State bills generally take one of two approaches: require a notice when personal data is used to set a price, or ban the practice outright, usually with exceptions for discounts, loyalty programs and cost-based price differences.
2. The four enacted state laws
| State | Law | Model | Who it covers | Effective |
|---|---|---|---|---|
| New York | Algorithmic Pricing Disclosure Act (S3008-C, Part X; GBL § 349-a) | Disclosure | Any business that sets a price with an algorithm using personal data | July 8, 2025 |
| Maryland | Protection From Predatory Pricing Act (HB 895, Chapter 154) | Prohibition | Food retailers of 15,000+ sq ft and third-party delivery service providers | Oct. 1, 2026 |
| Connecticut | Public Act 26-130, Sec. 11 (HB 5563); first enacted in SB 4 (Public Act 26-64) | Prohibition plus notice | Retail sellers and third-party delivery services | July 1, 2027 |
| New Jersey | Fair Price Protection Act (A4085, P.L.2026, c.55) | Prohibition | Sellers of groceries and other foodstuffs | Aug. 1, 2027 |
New York: Algorithmic Pricing Disclosure Act
New York's law was enacted as Part X of the FY2026 budget bill S3008-C (Chapter 58 of the Laws of 2025), signed May 9, 2025 and effective July 8, 2025. A business that sets a price with an algorithm using a consumer's personal data must display the statement “THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA.” The Attorney General enforces it, with civil penalties of up to $1,000 per violation; insurers and certain financial institutions are exempt. The Attorney General began enforcing on Nov. 10, 2025, after a federal court dismissed the National Retail Federation's challenge (NRF v. James, S.D.N.Y., Oct. 2025). The NRF appealed to the Second Circuit.
Source: NY Senate S3008-C; GBL § 349-a
Maryland: Protection From Predatory Pricing Act
Maryland's HB 895 was approved April 28, 2026 as Chapter 154 of the Laws of Maryland and takes effect Oct. 1, 2026. It bars food retailers (stores of at least 15,000 square feet that sell tax-exempt food) and third-party delivery service providers from using dynamic pricing, defined as a personalized price based on a consumer's personal data, or personal data to charge a specific consumer a higher price for food. Exceptions include promotions and temporary discounts, loyalty, membership and subscription programs, cost-based price differences and pricing-error corrections. The Attorney General must give notice and 45 days to cure before enforcing, and the law creates no private right of action. A disclosure requirement for other merchants was struck from the bill before passage.
Source: Maryland General Assembly, HB 895 (2026)
Connecticut: Public Act 26-130
Connecticut first enacted a surveillance-pricing ban in Section 11 of SB 4 (Public Act 26-64, approved May 27, 2026). According to the legislature's Office of Legislative Research, later 2026 legislation replaced those provisions with similar language and delayed them; the final text is Section 11 of HB 5563 (Public Act 26-130, approved June 4, 2026), effective July 1, 2027. It bars retail sellers and third-party delivery services from surveillance pricing, with exceptions for discounts, loyalty programs and cost differences, and requires online price offers that use personal data to increase a price to carry the notice “THIS PRICE WAS INCREASED USING YOUR PERSONAL DATA.” The Attorney General enforces it as an unfair trade practice; there is no private right of action.
Source: Public Act 26-130; OLR summary of Public Act 26-64
New Jersey: Fair Price Protection Act
New Jersey's A4085 passed both houses June 30, 2026 and was signed July 23, 2026 as P.L.2026, c.55. Starting Aug. 1, 2027, it bars surveillance pricing and any algorithm-based pricing strategy that varies the price of groceries and other foodstuffs based on a consumer's personal data, with exceptions for cost-based changes (at most once every 24 hours), publicly available discounts and opt-in loyalty programs. It also imposes a one-year moratorium on new electronic shelf labels starting Feb. 1, 2027 and orders a study. Violations are unlawful practices under the New Jersey Consumer Fraud Act.
Source: Office of the Governor of New Jersey; A4085 text
3. Bills that came close in 2026
- New York S8623-B / A9349-B (One Fair Price Act). Passed both houses June 4, 2026. As of Sept. 30, 2026 it had not been delivered to Gov. Hochul. If signed, it would ban surveillance pricing statewide and take effect 180 days later.
- Illinois HB 4248. Passed the House 78-19 on May 22, 2026 and, as amended into the Protection from Surveillance Pricing Act, the Senate 41-16 on May 31, 2026. The House has not concurred in the Senate amendment; the bill was re-referred to the House Rules Committee on July 1, 2026.
- Colorado HB26-1210. Passed both chambers and was vetoed by Gov. Polis on June 2, 2026.
- California AB 2564. Passed the Assembly and, with amendments, the Senate on Aug. 31, 2026, but the Assembly did not vote on the Senate amendments before the session deadline that night.
- Passed one chamber: Michigan HB 6098 and HB 6099 (House, June 25, 2026); Pennsylvania HB 2512, on ride-share fares (House, June 29, 2026); New York S8616-B and S8483-C (Senate).
- District of Columbia B26-0224 (RESALE Amendment Act). A ticket-resale bill that also bans surveillance pricing of tickets; the Council gave final approval July 14, 2026.
See the tracker for every bill, including those still pending in states with sessions that run into late 2026 or carry over to 2027.
4. Two regulatory models: disclosure and prohibition
Disclosure
Disclosure laws let businesses keep personalizing prices but require a plain notice. New York's law is the model: a fixed statement that the price was set by an algorithm using personal data. Several 2026 bills, including Illinois HB 5323 and Utah S.B. 177, used the same statement.
Prohibition
Prohibition laws bar the practice, usually within a defined sector. Maryland and New Jersey limit their bans to food and groceries; Connecticut covers retail sellers and delivery services and adds a notice requirement. Common exceptions cover loyalty programs consumers choose to join, publicly available discounts and cost-based price differences.
5. Compliance checklist for retailers
- Inventory your pricing inputs. Identify whether any pricing system uses personal data such as browsing or purchase history, device, location or demographic inferences.
- New York (in effect). Where an algorithm uses personal data to set a price, display the statutory statement “THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA.”
- Maryland (from Oct. 1, 2026). Food retailers of 15,000+ square feet and third-party delivery service providers should confirm no personal data is used to raise food prices for specific consumers, and document which exceptions they rely on.
- Connecticut (from July 1, 2027) and New Jersey (from Aug. 1, 2027). Map which of your products and channels fall within each law's scope and plan changes before the effective dates.
- Watch New York's One Fair Price Act. If signed, it would extend New York from disclosure to a statewide ban.
- Keep records. Document what data feeds each pricing model and why any price differences are cost-based, promotional or loyalty-based.
6. Federal bills
Several bills in the 119th Congress would regulate surveillance pricing, including S. 3387 (One Fair Price Act of 2025), H.R. 4640 (Stop AI Price Gouging and Wage Fixing Act of 2025), H.R. 4966 and S. 3892 (Stop Price Gouging in Grocery Stores Act) and H.R. 8229 (Lower Grocery Prices Act). As of Sept. 30, 2026, none had advanced past committee referral. For now the rules are set state by state.