Personalized Pricing Guides

Short, sourced answers to the questions legal, compliance and pricing teams ask most.

Last verified Oct 6, 2026 · Not legal advice

Laws and Status

Which States Ban Surveillance Pricing?

As of October 6, 2026, two states have surveillance pricing bans in force: Maryland (food, since October 1, 2026) and Connecticut (retail and delivery, since October 1, 2026, revised July 1, 2027). New Jersey’s grocery ban takes effect August 1, 2027.

Is Dynamic Pricing Still Legal?

Yes, in general. Prices that change with time, demand or inventory, and that everyone sees equally, are not the target of these laws.

Which Personalized Pricing Laws Take Effect in 2027?

Three: Colorado SB 26-189 on January 1, 2027; Connecticut’s revised ban (P.A. 26-130) on July 1, 2027; and New Jersey’s Fair Price Protection Act on August 1, 2027. New Jersey’s moratorium on new electronic shelf labels starts February 1, 2027.

Exemptions

Compliance

Do Shared Pricing Vendors Create Antitrust Risk?

They can. Shared pricing software has been challenged as a hub for price coordination in cases involving RealPage, Cendyn, Zelis and MultiPlan, and California’s AB 325 bars common pricing algorithms that use competitor data.

Disclosures

What Disclosure Wording Do the Laws Require?

New York requires “THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA” for algorithmic personal prices. Connecticut has two wordings: since October 1, 2026, “THIS PRICE WAS INCREASED BY A PRICE SETTING DEVICE USING YOUR PERSONAL DATA”; from July 1, 2027, “THIS PRICE WAS INCREASED USING YOUR PERSONAL DATA.” The FTC proposal sets no wording but requires three elements.