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He takes a box of cereal from the shelf. Your neighbor grabs the exact same box from the exact same store on the exact same day. You pay less. You pay more. Why? Because the store’s algorithm decided you would.
That scenario sounds like a conspiracy theory. That’s not the case. Marketers have been quietly using this kind of pricing for years, and now one country has finally had enough.
Maryland is set to become the first US state to ban price monitoring at grocery stores and certain grocery delivery platforms. Governor Wes Moore said he will sign the Affordable Care Act into law after the state legislature passes it, and the law will take effect on October 1, 2026.
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Maryland will ban price monitoring at grocery stores, drawing criticism for a practice they say allows retailers to charge consumers different prices for the same item. (SDI Productions/Getty Images)
What is price monitoring and how does it work?
Surveillance pricing goes by a few names: variable pricing and customized pricing are common, but the concept is the same no matter what you call it.
The store collects data about you as an individual consumer. It looks at how often you browse certain products, where you live and whether a competitor is nearby, what your income and family size seem to be, and your eating habits. It then uses all of that to determine how much you’re willing to pay and charges you accordingly.
One Kroger shopper in Oregon decided to find out what her grocery store knew about her. He submitted a data request under federal privacy law and received a 62-page profile in return. Most of the assumptions in that profile were incorrect. That’s the part that should drop your stomach. Sellers charge people based on guesswork, and those guesses are often inaccurate.
Why Maryland is moving to ban surveillance prices now
Time here is of the essence. Maryland did not pass the bill with a blank. Major retailers, including Walmart, have been pulling out digital price tags on store shelves. Unlike paper markers, these electronic displays can be updated quickly. Pair that ability with price prediction software, and the store can change what you’re charged in real time based on whatever algorithm is deciding at the time.
Governor Moore pointed to the financial pressures that are already putting pressure on working families and said that new technology should not be another tool to put more pressure on them. Consumer Reports has been actively lobbying for the bill, which speaks to the importance of consumer protection concerns. Nevertheless, the organization was honest about the result: the final version of the law falls short of what the lawyers originally wanted.
What Maryland’s surveillance pricing law does
The Protection From Predatory Pricing Act sets clear ground rules for large grocers. Stores must keep their prices intact for at least one full business day. That eliminates the possibility of hourly price increases based on demand signals or individual consumer data.
Marketers are also prohibited from using surveillance data, purchase history, nationality or income to set different prices for different customers at the same time.
Loyalty programs and promotional offers are still allowed. That exemption has been a compromise for the retail industry, and is one of the areas where critics say the law is starting to lose its teeth.
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Digital price tags are replacing paper tags in Walmart stores, allowing retail prices to change quickly with new technology. (Kurt “CyberGuy” Knutsson)
Surveillance prices are already happening online
Brick-and-mortar pricing gets a lot of attention, but a similar issue arises with online grocery shopping.
Consumer Reports conducted an investigation into Instacart’s pricing practices last December. About 400 shoppers buy the same basket of groceries from the same stores at the same time. The price difference was amazing. Depending on the product, buyers were paying up to 23% more than other buyers for similar items. Over the course of a full year of shopping, those gaps can add up to more than $1,200 per household.
After the investigation became public, Instacart announced that it was ending the system responsible for the collision. That result is important. It shows that consumer pressure and public scrutiny can create real changes, even before legislation requires them.
Which states can follow Maryland’s surveillance pricing ban
Maryland may go first, but it won’t be alone for long. California, Colorado, Illinois, New Jersey and other states are exploring similar legislation, while New York has already enacted a related transparency law.
What happens next in those states will tell. Advocates hope to avoid an exemption that weakens the Maryland version. Each new bill is an opportunity to close the loopholes the retail industry has worked so hard to create.
Consumers have been subject to variable pricing on airlines, rideshare and e-commerce platforms for years. Grocery stores represent something different, a daily necessity where price gouging hits people with very little financial flexibility.
What this surveillance pricing law means for you
No matter where you live, this law is important to your wallet. When you shop in Maryland, change is fast. From 1 October 2026, you have the same legal right to the shelf price as all other shoppers who come in on that day, regardless of what data the store has collected from you. If you buy elsewhere in the country, pay attention because your situation may not be too far behind. California, Colorado, Illinois, New Jersey and other states are exploring similar legislation, while New York has already taken steps to make prices more transparent. The momentum is real, and Maryland just gave those districts a template to build on.
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A new Maryland law targets retailers that change the price of products based on consumer data. (Douglas Rissing/Getty Images)
That said, no matter where you shop now, the exemptions from Maryland law are worth understanding. The Maryland Retail Alliance pushed hard for the bill and successfully presented several exceptions during the legislative process. Consumer Reports flagged one paradox in particular: loyalty program prices are not charged, meaning stores can change prices in ways that favor members and disadvantage non-members, effectively punishing non-members instead of rewarding members.
The enforcement side is also limited in ways that should affect any consumer. If the seller breaks the law, you cannot sue them yourself under these specific provisions of the law. Only the Maryland Attorney General has that authority. And before the AG takes action, the seller receives a written notice and a 45-day window to correct the violation without legal consequences. First-time offenders face fines of up to $10,000. Repeat offenders face fines of up to $25,000.
For a large grocery chain with hundreds of millions in revenue, those fines don’t register.
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Kurt’s priority is taking
Maryland law is not perfect, and attorneys say so publicly. But the first imperfect rule still moves the needle. It finds that price control in grocery stores is an issue that needs to be legislated, gives other states a legal framework to build on, and puts retailers where the political will to regulate is growing. The weakness of the bill is actually useful in that way. They show exactly where the next round of advocacy needs to focus: strong enforcement, a consumer stance to be surprised, and strong language about the release of loyalty pricing. And if you live outside of Maryland? See what your state legislatures are doing next. The grocery industry will work hard to add similar loopholes everywhere. Knowing what those gaps look like is part of the battle. Change often starts in one place before it spreads. Maryland went first. Your situation may be the following.
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If a seller already has a 62-page profile for you and most of it is wrong, do you trust that the same technology is pricing you correctly, and you didn’t know it wasn’t? Let us know your thoughts by writing to us at CyberGuy.com.
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