The Guardian: Maryland becomes first state to ban surveillance pricing in grocery stores

“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. 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. ‘The exemptions allow other ways of arriving at the same outcome that are just harder for consumers to detect.'”

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