Maryland Just Banned Surveillance Pricing on Groceries. Critics Say It’s Basically Toothless
Law only targets food retailers and has major enforcement loopholes, advocates warn.
Maryland Gov. Wes Moore signed the Protection From Predatory Pricing Act, banning food retailers from using personal data like race, income, or ZIP code to adjust prices. But the law only applies to food retailers and can be enforced only by the state attorney general. Consumer Reports noted exemptions for pricing tied to loyalty or membership programs, and that the ban covers only individual-level pricing—not hyper-specific consumer segments like "shoppers over 70 who live alone." The United Food and Commercial Workers International Union also warned the law leaves loopholes for surge pricing and electronic shelf labels, calling the measure insufficient.
- Law only applies to food retailers and third-party delivery, not airlines, clothing, or other goods.
- Enforcement is limited to the Maryland Attorney General; no private right of action for consumers.
- Loopholes include exemptions for loyalty programs, no baseline price, and permissive segmentation of consumer groups.
Why It Matters
Weak enforcement and broad exemptions could allow dynamic pricing on necessities, leaving consumers vulnerable to algorithmic price gouging.