U.S. state lawmakers have introduced more than 40 bills across at least 24 states to regulate personalized algorithmic pricing in 2026 thus far, already outpacing the number of personalized algorithmic pricing bills introduced in all of 2025.  While their definitions and scope vary, the 2026 bills broadly refer to “personalized algorithmic” or “dynamic” pricing as the practice of setting or adjusting prices by analyzing consumer data through AI or other automated tools, which may result in different prices being offered to different consumers for the same good or service.  

If enacted, these bills could impose a broad range of restrictions on such pricing, including disclosure requirements, general prohibitions, sector-specific restrictions, and restrictions on the use of protected class data in pricing decisions.  Although the proposals vary significantly, a few key themes emerge across these bills:

  • Disclosure Requirements. Several states have introduced legislation that would require businesses to affirmatively disclose when prices are determined using algorithmic methods, similar to New York’s 2025 Algorithmic Pricing Disclosure Act.  For example, Connecticut SB 4, Maryland HB 1475, and several other state bills would require any person that establishes a price using “personalized algorithmic pricing” to include a disclosure stating that “THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA.”  

By contrast, Illinois’s Algorithmic Pricing Transparency Act (HB 4248) would take a more granular transparency approach, requiring entities that sell goods or services through online platforms to, among other obligations, provide disclosures of the “categories of personal data used to generate the price” and a linked explanation of the entity’s algorithmic pricing practices.  HB 4248 also would establish a consumer right to opt out of “surveillance pricing” and require entities to provide a “non-personalized baseline price” upon request.

  • General Prohibitions. Other proposals would categorically restrict or ban personalized algorithmic pricing practices to set or adjust consumer prices.  Note that these bills generally would not treat non-discriminatory discounts, coupons, or loyalty programs as covered pricing activity.  Vermont S.207 and California AB 2564, for example, would prohibit the use of “surveillance pricing”defined as setting a customized price using personally identifiable information gathered through “electronic surveillance technology”—unless the price difference is based solely on cost differences or reflects a discount offered to all consumers on equal terms.  

Other bills, such as Washington’s Fair Pricing and Transparency Act (HB 2481 / SB 6312), would also prohibit pricing based on an “algorithmic determination of willingness to pay,” while bills like Rhode Island H 7849 would prohibit “algorithmic price increases” based on a consumer’s personal data, while exempting “price decreases.”

  • Protected Class Data. Many of these bills would impose restrictions on the use of protected class data for personalized algorithmic pricing decisions.  New Jersey A4085 / S3612, for example, would prohibit businesses from using “personalized algorithmic pricing, surveillance pricing, or any pricing strategy” based on “protected class data,” while Nebraska’s Protecting Consumers and Jobs from Predatory Pricing Act (LB 1006) and other state bills would generally prohibit any use of “protected class data” to set prices that results in discriminatory pricing outcomes, including the withholding or denial of accommodations or a price that differs from prices offered to other individuals or groups.  
  • Minor Data Limitations. Other bills would restrict the use of minors’ data for personalized algorithmic pricing.  Iowa SF 2278 and Tennessee HB 2052 / SB 1998, for example, would prohibit the collection or use of “data belonging to minors” under 17 years of age for “personalized algorithmic pricing,” regardless of parental consent.
  • Retail and Grocery Restrictions. Several bills would impose sector-specific limits on grocery stores and food retailers.  For example, Georgia’s Surveillance Pricing Act (HB 1439) and New Jersey S3732 would prohibit “retail food establishments” or “food retailers” from using “surveillance pricing” to set food or grocery prices.  Other bills like Oklahoma HB 3959 and Tennessee HB 2052 / SB 1998 would combine pricing restrictions with technology bans, prohibiting food retail establishments from using electronic shelf labels or digital shelf display technology. 

Taken together, these state personalized algorithmic pricing proposals reflect only one dimension of broader state AI legislative activity underway in 2026. 

Photo of Lindsey Tonsager Lindsey Tonsager

Lindsey Tonsager helps national and multinational clients in a broad range of industries anticipate and effectively evaluate legal and reputational risks under federal and state data privacy and communications laws.

In addition to assisting clients engage strategically with the Federal Trade Commission, the…

Lindsey Tonsager helps national and multinational clients in a broad range of industries anticipate and effectively evaluate legal and reputational risks under federal and state data privacy and communications laws.

In addition to assisting clients engage strategically with the Federal Trade Commission, the U.S. Congress, and other federal and state regulators on a proactive basis, she has experience helping clients respond to informal investigations and enforcement actions, including by self-regulatory bodies such as the Digital Advertising Alliance and Children’s Advertising Review Unit.

Ms. Tonsager’s practice focuses on helping clients launch new products and services that implicate the laws governing the use of endorsements and testimonials in advertising and social media, the collection of personal information from children and students online, behavioral advertising, e-mail marketing, artificial intelligence the processing of “big data” in the Internet of Things, spectrum policy, online accessibility, compulsory copyright licensing, telecommunications and new technologies.

Ms. Tonsager also conducts privacy and data security diligence in complex corporate transactions and negotiates agreements with third-party service providers to ensure that robust protections are in place to avoid unauthorized access, use, or disclosure of customer data and other types of confidential information. She regularly assists clients in developing clear privacy disclosures and policies―including website and mobile app disclosures, terms of use, and internal social media and privacy-by-design programs.

Photo of Jayne Ponder Jayne Ponder

Jayne Ponder is an associate in the firm’s Washington, DC office and a member of the Data Privacy and Cybersecurity Practice Group. Jayne’s practice focuses on a broad range of privacy, data security, and technology issues. She provides ongoing privacy and data protection…

Jayne Ponder is an associate in the firm’s Washington, DC office and a member of the Data Privacy and Cybersecurity Practice Group. Jayne’s practice focuses on a broad range of privacy, data security, and technology issues. She provides ongoing privacy and data protection counsel to companies, including on topics related to privacy policies and data practices, the California Consumer Privacy Act, and cyber and data security incident response and preparedness.

Photo of Natalie Maas Natalie Maas

Natalie is an associate in the firm’s San Francisco office, where she is a member of the Food, Drug, and Device, and Data Privacy and Cybersecurity Practice Groups. She advises pharmaceutical, biotechnology, medical device, and food companies on a broad range of regulatory…

Natalie is an associate in the firm’s San Francisco office, where she is a member of the Food, Drug, and Device, and Data Privacy and Cybersecurity Practice Groups. She advises pharmaceutical, biotechnology, medical device, and food companies on a broad range of regulatory and compliance issues.

Natalie also maintains an active pro bono practice, with a particular focus on health care and reproductive rights.

August Gweon

August Gweon counsels national and multinational companies on data privacy, cybersecurity, antitrust, and technology policy issues, including issues related to artificial intelligence and other emerging technologies. August leverages his experiences in AI and technology policy to help clients understand complex technology developments, risks…

August Gweon counsels national and multinational companies on data privacy, cybersecurity, antitrust, and technology policy issues, including issues related to artificial intelligence and other emerging technologies. August leverages his experiences in AI and technology policy to help clients understand complex technology developments, risks, and policy trends.

August regularly provides advice to clients for complying with federal, state, and global privacy and competition frameworks and AI regulations. He also assists clients in investigating compliance issues, preparing for federal and state privacy regulations like the California Privacy Rights Act, responding to government inquiries and investigations, and engaging in public policy discussions and rulemaking processes.