Is it fair to change the price of a product for sale based on a person’s location, demographics, or even search history?
No, according to Maryland Gov. Wes Moore. His state has become the first in the U.S. to ban the practice, which is also called “dynamic pricing,” in supermarkets and grocery stores.
“At a time when technology can predict what we need, when we need it, when we’ll pay for it, and also when we’ll pay more for it, and at a time when we’re watching how big companies are then using those analytics against us to make record profits…we are going to protect our people,”
Moore said.
The state’s Protection from Predatory Pricing Act (HB 895), which takes effect Oct. 1, isn’t ironclad. Grocery focus aside, it also includes exemptions for loyalty programs and promotional offers. And it doesn’t stop a grocer from raising prices to everyone, then offering individualized discounts.
Still, it’s the first piece of legislation in what will likely be a wave in the coming months in the U.S. The states of Colorado, California, Massachusetts, Illinois, and New Jersey are considering restrictions on the practice in some form.
Don’t expect it to stop at groceries, either. The Federal Trade Commission (FTC) has
previously documented examples of surveillance pricing at apparel, beauty, home goods, and hardware stores.
—AN