ANNAPOLIS, MD—Governor Wes Moore on Tuesday announced the Protection from Predatory Pricing Act, a key component of his 2026 legislative agenda aimed at shielding Maryland consumers from unpredictable price spikes and invasive data practices at grocery stores.
The proposed legislation prohibits the use of dynamic pricing—a practice where prices fluctuate rapidly—and bans retailers from using surveillance data to set individualized prices for shoppers. If passed, the law would require grocery store prices to remain fixed for at least one business day, ensuring that the price listed on a shelf is the price a consumer pays at the register.
Addressing High Costs and Modern Technology
The announcement comes as retailers increasingly adopt electronic shelf labels (ESLs), which allow for instant, digital price updates. While stores use this technology to reduce manual labor, Governor Moore expressed concern that it could be used to implement surge pricing based on factors like time of day, weather, or consumer data.
Maryland families are already feeling the pressure of rising food costs. Recent data from the Capital News Service Maryland Grocery Tracker shows that as of late 2025, staple items like eggs and milk have remained susceptible to market volatility. Furthermore, a 2025 study from the University of California Rady School of Management noted that while widespread surge pricing is not yet the industry norm, the potential for technology to enable such practices justifies proactive regulation.
Preventing Algorithmic Discrimination
The act also targets individualized pricing, where algorithms use personal data to charge different people different prices for the same product. Labor groups and consumer advocates have raised alarms about the discriminatory potential of these practices…