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ARTICLE · 03 JUNE 2026

Pricing 101: The Top 10 Issues Companies Should Be Watching Now

Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
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Kelley Drye & Warren LLP

Kelley Drye & Warren LLP

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Pricing has moved to the forefront of regulatory scrutiny as legislators and enforcers increasingly focus on how businesses set, present, and adjust prices.

United StatesConsumer Protection

Pricing has moved to the forefront of regulatory scrutiny. Against a backdrop of consumer concern about the rising cost of goods and services, legislators and enforcers are increasingly focused on how businesses set, present, and adjust prices. In Part 1 of our “Pricing 101” webinar series, we discuss ten priority issues that companies should be evaluating. 

1. Surveillance Pricing

Few concepts are receiving more attention than “surveillance pricing,” a term without a single definition but that is generally used to describe the use of personal data to set individualized prices for consumers. 

At the outset, it is important to distinguish “surveillance pricing” from more familiar and widely accepted practices, such as loyalty programs and targeted promotions. Companies have long relied on personal data to deliver discounts, coupons, and tailored offers that may result in lower prices for certain consumers. These approaches typically operate by layering personalized incentives on

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