ARTICLE
29 April 2026

“Surveillance Pricing”- Key Concepts, The Current Legal And Legislative Landscape, And Mounting Scrutiny (Podcast)

KD
Kelley Drye & Warren LLP

Contributor

Kelley Drye & Warren LLP is an AmLaw 200, Chambers ranked, full-service law firm of more than 350 attorneys and other professionals. For more than 180 years, Kelley Drye has provided legal counsel carefully connected to our client’s business strategies and has measured success by the real value we create.
What if the price you see online isn't just based on supply and demand—but on what an algorithm thinks you are willing to pay? This episode unpacks the fast-rising controversy over surveillance pricing, exploring how consumer data, algorithms, and AI are being used to tailor prices to individual shoppers, and why lawmakers and regulators are raising concerns about transparency, fairness, and discrimination.
United States Media, Telecoms, IT, Entertainment
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What if the price you see online isn’t just based on supply and demand—but on what an algorithm thinks you are willing to pay? In this episode, we unpack the fast-rising controversy over “surveillance pricing,” the practice of using consumer data, algorithms, and AI to tailor prices to individual shoppers based on factors like browsing history, location, or inferred willingness to pay. We explore how this differs from ordinary dynamic pricing, why lawmakers and regulators are raising concerns about transparency, fairness, and discrimination, and how states like New York and California are leading a growing wave of disclosure laws, proposed bans, and investigations. For businesses relying on data-driven pricing tools, the message is clear: pricing strategies are quickly becoming a major privacy, consumer protection, and antitrust risk area.

Hosted by Simone Roach. Based on a blog post by Paul L. SingerAbigail StempsonAlexander I. Schneider, and Joseph Cahill.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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