Erin Doyle, AGG Privacy & Cybersecurity partner, authored an article for Total Retail examining the regulatory scrutiny surrounding surveillance pricing — the practice of using consumers’ personal data to set targeted, individualized prices for a product or service — and what retailers should do to stay ahead of it.
Erin highlighted two key developments: California Attorney General Rob Bonta’s January 2026 investigative sweep targeting surveillance pricing under the California Consumer Privacy Act, and New York’s Algorithmic Pricing Disclosure Act, which now requires companies to notify consumers when personal data is used to set prices.
She outlined four steps retailers should take now: review current pricing models; document pricing decisions; update privacy disclosures; and audit third-party pricing tools.
“The broad and evolving interpretation of what constitutes ‘algorithmic pricing’ means that routine price variations could draw regulatory attention,” Erin noted.
To read the full article, please click here.
- Erin E. Doyle
Partner
