PricingLawsby Klary
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Laws

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. The laws apply when personal data sets a specific customer’s price; Maryland also restricts dynamic pricing that raises one consumer’s food price.

Last verified Oct 6, 2026 · Not legal advice

When Does Dynamic Pricing Count as Personalized Pricing?

Some laws define dynamic pricing to include personal data. New York’s § 349-a covers dynamic pricing set by an algorithm that uses personal data. Check whether any input to a “dynamic” price is tied to the shopper or their device.

Laws Cited in This Guide

  • Maryland HB 895

    Since October 1, 2026, Maryland bars large food retailers and third-party delivery services from using dynamic pricing or personal data to charge a consumer a higher price for tax-exempt food.

  • NY Algorithmic Pricing Disclosure Act

    Since November 10, 2025, businesses that set prices with an algorithm using a New York consumer’s personal data must show, next to the price: “THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA.” The Attorney General enforces it, with penalties up to $1,000 per violation.

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