Public Comment

Stores and delivery apps increasingly use software to set prices. Some pricing changes are familiar, such as sales, coupons, or markdowns on food close to expiration. The newer concern is personalized pricing or surveillance pricing. The FTC said its surveillance-pricing study found that data such as precise location and browser history can be used to target consumers with different prices. Maryland approved HB 895 on April 28, 2026, making it the first state to restrict some data-driven price increases in grocery stores and third-party food delivery. The law focuses on grocers and delivery services and is meant to stop personal data from being used to set higher prices. New York lawmakers have also advanced consumer-protection legislation aimed at algorithmic or device-based pricing, showing that this debate is spreading beyond one state. Supporters of strong rules say groceries are basic needs, and shoppers should not have to guess whether their data is being used against them. Critics say broad bans could block useful tools, such as discounts, loyalty offers, fast price updates, or markdowns that reduce food waste. The question is whether states should ban personalized pricing in essential goods, require disclosure and consent, regulate only the riskiest uses, leave most pricing flexibility to businesses, or push for one national standard. I am not sure a total ban is the right answer, but grocery pricing is too important to leave completely opaque. If stores are using personal data to decide what people pay for basic food, the public should know that and have real limits on the worst uses.

How should states regulate personalized grocery pricing?

Overall results

1
58% support · excluded by 4%
7

The core problem is not every algorithmic price change. The problem is hidden use of personal data. A clear opt-in rule gives regulators something concrete to enforce while still allowing useful discounts and pricing experiments.

1

Some customers may want personalized coupons or loyalty deals. The fair line is whether they knowingly signed up for it. Make stores explain the deal plainly, then let shoppers decide.

2
55% support · excluded by 11%
7

I care most about stopping hidden price hikes. If a store wants to send me a coupon or mark down produce before it spoils, that can help families. The rule should stop data from being used to raise prices on people.

7

Grocery stores run on thin margins and perishable inventory. A rule that bans abusive price hikes but keeps ordinary discounts and markdowns gives consumers protection without breaking store operations.

3
46% support · excluded by 7%
7

People should not need privacy tricks just to buy food at a fair price. If a store can quietly use location, browsing, or shopping data to charge more, that is not normal competition. Groceries should have a clear shelf price for everyone.

1

Families already watch every dollar at the store. I do not want a system where the price of milk or cereal depends on what an app thinks I can afford. Basic groceries should not become a data game.

3
46% support · excluded by 7%
7

States should be careful before writing new pricing rules every time software changes. If a company lies, discriminates, or fixes prices, enforce the laws already on the books. Do not ban tools that may lower costs.

1

A new law sounds good until it raises compliance costs and those costs show up at checkout. The better answer is to punish real abuse, not create broad rules that make every pricing update a legal problem.

5
45% support · excluded by 2%
7

Grocery chains, apps, and pricing vendors often operate across many states. A national rule could define what data is off limits, what disclosures are required, and how enforcement works without creating fifty different systems.

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