Surveillance pricing laws with loopholes make the laws useless for most people living in today’s world.
The loopholes in Maryland’s surveillance pricing law make it a real deal breaker.
If you’re in any type of loyalty program at all, or clicked “yes” or “I agree” at some point, to a store’s program to get coupons or whatever, you will probably have signed your right away to be protected by surveillance pricing law in Maryland. And we all know that nobody reads every little part of all those things one has to agree to in order to get the sale price. These programs have been a problem for decades, the realtime corporate surveillance has just put the unfairness and target marketing exploitation on hyperdrive.
iapp - Maryland enacts a first-of-its-kind surveillance pricing law, but there are loopholes Questions around baseline pricing, loyalty program exemptions and enforcement may limit how Maryland’s grocery pricing rules work in practice. Published 13 May 2026
Four loopholes.
The legislation leaves four potential paths for businesses to bypass the surveillance pricing ban and keep earning extra money from consumers.
No baseline price.
Both prohibitions require proving the consumer paid a higher price than they otherwise would have paid. However, the bill does not define a baseline price for comparison. Any price charged will be interpreted as a discount from the implied price, even if the retailer sets a nominal regular price and offers personalized discounts. This means consumers who do not receive a discount may have to pay a higher price for the same product.
The segment gap.
Both prohibitions contained in §13-321 apply only to prices set for one consumer. Dynamic pricing prohibition refers to “a specific consumer.” Personal data use prohibition refers to “a single consumer.” At first, the enrolled version of the law contained language allowing banning of the use of personal data to set prices for “a specific consumer or a group of consumers,” was intentionally removed from the final bill.
Loyalty programs carve-out.
The bill explicitly provides that any discounts given by food retailers to consumers participating in loyalty, membership, or rewards programs and subscription pricing are not covered by this prohibition. Loyalty programs are the primary way to collect granular data. Thus, removing loyalty programs from the ban list means removing the biggest chunk of surveillance activity.
Limited enforcement mechanisms.
This is perhaps the most significant loophole. It is also the only one that might affect plaintiffs’ decisions. There is no private right of action regarding surveillance pricing ban provided in §13-321. No citizen of Maryland may sue the violator for any compensation or injunctive relief because of a violation of this prohibition.
(emphasis added)
We need laws on surveillance pricing that do not default allow a loophole to treat people unfairly because they’re in a store “loyalty program” for people who have opted in to get some coupon or signed up for a mailing list. Meaningful crackdown on this abusive business practice needs to not set up a situation to blame the customer for not having read some tiny little print somewhere on a page they were anxious to get past in order to move on with their day. There should also be a mandate for stores to set baseline prices storewide in order to not obfuscate what they’re doing with discounts, coupons, and sneak in surveillance pricing and hyper-individual target marketing that way. Transparency should be required.
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We Found The Radical Solution To Surveillance Pricing More Perfect Union Jun 10, 2026 To understand the danger surveillance pricing bills face, we wanted to investigate how those lobbyists gutted the Maryland bill so effectively. We looked at public disclosure documents for some clues. Members of the state Senate committees debating the bill were gifted over $10,000 in dinners by the Maryland Retail Alliance at restaurants serving up salmon Wellington and $150 Wagyu tomahawk ribeye. I mean, I don't know if that's what they ordered, but if a lobbyist was paying, you’d be stupid not to. The disclosures don't actually show what was discussed, but the first dinner was just one day after the legislature began considering the surveillance pricing bill. The Maryland Retail Alliance initially opposed it until those carve-outs were added to make the bill impotent. On their board of directors: executives from Target and Amazon. And the bill's passage got high praise from the head of the Chamber of Progress, a former Google exec. What we've seen in terms of pushback on a lot of these bills is attempts to get exemptions from the protection that really swallow the rule. Now, this blunder could go national — a way for lawmakers to say they've banned the practice, but in reality, not.
I’ve been noticing that a lot of people who call themselves progressives are actually parroting the positions of corporations. And this is why I keep saying don’t use shorthand, spell things out and say what you mean because if you use shorthand, people might not even be talking about the same things.