States Go After Personal Data Price-Setting: States of Play

Feb. 3, 2026, 7:32 PM UTC
Photo Illustration: Jonathan Hurtarte/Bloomberg Law; Photos: Getty Images

STATES are starting to take a hard look at how companies use personal data to set prices.

  • California announced a first-of-its-kind privacy investigation into “surveillance pricing,” where businesses use data like browsing history, location, or demographics to tailor prices to individual consumers.
  • The probe asks how companies like grocery stores, retailers, and hotels collect, use, and disclose data tied to pricing decisions. Targeted companies are reviewing how they use personal data in pricing strategies—like loyalty or discount programs—and whether it exposes them to regulatory risk.
  • New York has already begun requiring companies to disclose when algorithms use personal data to ...

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