Limits On Surveillance Pricing – Maryland Takes The Lead

Takeaways

• Maryland was the first state to pass surveillance pricing legislation, but it will not be the last.
• The regulatory focus is likely to expand beyond groceries and food delivery into other sectors
• Companies using surveillance or algorithmic pricing tools should monitor state and federal developments and ensure compliance with privacy and disclosure requirements.
• Companies should assess their tools across jurisdictions and ensure they understand inputs and avoid use of competitors’ confidential pricing data.

Although many states and the federal government have proposed legislation to curb surveillance pricing, Maryland recently became the first to pass such legislation. On April 28, 2026, Maryland passed the Protection From Predatory Pricing Act, a law expressly restricting food retailers and food delivery services from using surveillance pricing.¹ A violation will constitute a deceptive trade practice under the Maryland Consumer Protection Act and will be subject to a