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Maryland moves to ban surveillance pricing in grocery stores
You grab a box of cereal off the shelf. Your neighbor grabs the exact same box at the exact same store on the exact same day. She pays less. You pay more. Why? Because the store’s algorithm decided you would.
That scenario sounds like a conspiracy theory. It isn’t. Retailers have been quietly using this kind of pricing for years, and now one state has finally had enough.
Maryland is set to become the first U.S. state to ban surveillance pricing in retail grocery stores and certain grocery delivery platforms. Governor Wes Moore has said he will sign the Protection from Predatory Pricing Act into law after the state legislature passed it, and the rule will take effect on October 1, 2026.
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Surveillance pricing goes by a few names: dynamic pricing and personalized pricing are the common ones, but the concept is the same regardless of what you call it.
A store collects data on you as an individual shopper. It looks at how often you browse certain products, what neighborhood you live in and whether a competitor is nearby, what your income and family size appear to be, and your dietary habits. Then it uses all of that to decide how much you specifically are willing to pay and charges you accordingly.
One Kroger shopper in Oregon decided to find out exactly what her grocery store knew about her. She submitted a data request under a state privacy law and received a 62-page profile in return. Most of the inferences in that profile were wrong. That’s the part that should make your stomach drop. Retailers are charging people based on guesses, and those guesses are frequently inaccurate.
The timing here matters. Maryland didn’t pass this bill in a vacuum. Major retailers, including Walmart, have been rolling out digital price tags on store shelves. Unlike paper tags, these electronic displays can update instantly. Pair that capability with predictive pricing software, and a store can change what you’re charged in real-time based on whatever the algorithm decides at that moment.
Governor Moore pointed to the financial pressure already squeezing working families and argued that new technology should not become another tool for squeezing them harder. Consumer Reports actively lobbied for the bill, which speaks to how significant the consumer protection concern really is. Still, the organization was honest about the result: the final version of the law falls short of what advocates originally wanted.
The Protection from Predatory Pricing Act sets some clear ground rules for large grocery retailers. Stores must keep their prices fixed for at least one full business day. That eliminates the possibility of prices spiking by the hour based on demand signals or individual shopper data.
Retailers are also prohibited from using surveillance data, shopping history, ethnicity or income to set different prices for different customers at the same time.
Loyalty programs and promotional offers are still allowed. That exemption was a concession to the retail industry, and it’s one of the places where critics say the law starts to lose its teeth.
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Brick-and-mortar surveillance pricing gets most of the attention, but the same issue shows up in online grocery shopping.
Consumer Reports ran an investigation into Instacart’s pricing practices last December. Nearly 400 shoppers purchased the same basket of groceries from the same stores at the same time. The price differences were striking. Depending on the product, shoppers were paying up to 23% more than other shoppers for identical items. Across a full year of shopping, those gaps could add up to more than $1,200 per household.
After the investigation went public, Instacart announced it was ending the program responsible for those discrepancies. That outcome matters. It shows that consumer pressure and public scrutiny can drive real changes, even before a law requires them.
Maryland may have moved first, but it won’t be alone for long. California, Colorado, Illinois, New Jersey and other states are exploring similar legislation, while New York has already enacted a related pricing transparency law.
What happens next in those states will be telling. Advocates are hoping they avoid the exemptions that weakened Maryland’s version. Each new bill is an opportunity to close the loopholes the retail industry has worked hard to create.
Consumers have been subject to dynamic pricing in airlines, rideshares and e-commerce platforms for years. Grocery stores represent something different, a daily necessity where price manipulation hits people with the least financial flexibility the hardest.
No matter where you live, this law matters to your wallet. If you shop in Maryland, the change is immediate. Starting October 1, 2026, you have a legal right to the same shelf price as every other shopper who walks in that day, regardless of what data the store has collected on you. If you shop anywhere else in the country, pay attention because your state may not be far behind. California, Colorado, Illinois, New Jersey and other states are exploring similar legislation, while New York has already taken steps toward pricing transparency. The momentum is real, and Maryland just handed those states a working template to build from.
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That said, wherever you shop right now, the exemptions in Maryland’s law are worth understanding. The Maryland Retail Alliance pushed hard against this bill and successfully carved out several exceptions during the legislative process. Consumer Reports flagged one irony in particular: loyalty program prices are exempt, which means stores could shift pricing in ways that favor members and potentially disadvantage non-members, effectively punishing non-members rather than rewarding members.
The enforcement side is also limited in ways that should concern any consumer. If a retailer violates the law, you cannot sue them yourself under these specific provisions of the law. Only the Maryland Attorney General has that authority. And before the AG can take action, the retailer gets a written notice and a 45-day window to correct the violation with no legal consequences. First-time violators face fines of up to $10,000. Repeat offenders face up to $25,000 in fines.
For a major grocery chain generating hundreds of millions in revenue, those fines barely register.
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Maryland’s law is imperfect, and advocates said so publicly. But an imperfect first law still moves the needle. It establishes that surveillance pricing in grocery stores is a problem worth legislating, gives other states a legal framework to improve on, and puts retailers on notice that the political appetite for regulation is growing. The bill’s weaknesses are actually useful in that way. They show exactly where the next round of advocacy needs to focus: stronger enforcement, consumer standing to sue, and tighter language around loyalty pricing exemptions. And if you live outside Maryland? Watch what your own state legislators do next. The grocery industry will lobby hard to add the same loopholes everywhere. Knowing what those loopholes look like is half the battle. Change tends to start in one place before it spreads. Maryland went first. Your state could be next.
If a retailer already holds a 62-page profile on you and most of what’s in it is wrong, do you trust that the same technology is setting your prices fairly, and would you even know if it wasn’t? Let us know your thoughts by writing to us at CyberGuy.com.
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NEW: Justice Alito Abruptly Reverses Course In Key SCOTUS Case
Supreme Court Justice Samuel Alito has abruptly withdrawn from one of the most consequential climate-related cases before the high court, leaving just eight justices to decide a dispute that could affect lawsuits seeking billions of dollars from fossil-fuel companies.
The court notified attorneys Monday that Alito “has determined that he will not continue to participate” in *Suncor Energy Inc. v. County Commissioners of Boulder County*.
No explanation was provided for his decision.
The last-minute development comes ahead of arguments in a closely watched Colorado case that could have implications for similar climate lawsuits brought by states and municipalities across the country.
The dispute dates back to 2018, when Boulder County and the City of Boulder sued Exxon Mobil and Suncor Energy in Colorado state court. San Miguel County later joined the litigation.
The municipalities allege the companies contributed to “climate-related harms” through decades of fossil-fuel production, refining and sales, along with what the plaintiffs describe as “concealment or misrepresentation” concerning the risks associated with their products.
They are seeking damages under Colorado state law for costs they attribute to climate change, including flooding, wildfire risks, drought and damage to public infrastructure.
The energy companies argue that the claims cannot proceed under state tort law because federal law governs interstate air pollution and because allowing individual states to regulate conduct tied to global emissions raises constitutional concerns.
After years of litigation over where and how the case could proceed, the Colorado Supreme Court allowed the lawsuit to move forward.
The U.S. Supreme Court subsequently agreed to hear the dispute.
The stakes extend far beyond Colorado.
Similar lawsuits have been filed against fossil-fuel producers by states and local governments seeking compensation for climate-related costs. The Supreme Court’s eventual decision could therefore shape how those cases proceed.
Alito’s withdrawal is particularly notable because he previously recused himself from an earlier petition arising from the same Colorado litigation in 2023.
He has also stepped aside from other energy-related cases.
When the Supreme Court agreed to hear the current Suncor appeal, however, a court spokesperson said in May that Alito “does not have a financial interest in any party” and that the court’s legal counsel had determined recusal was not required.
Alito does not own stock in Exxon Mobil or Suncor.
His most recent financial disclosure does list individual investments in other energy companies, including ConocoPhillips and Phillips 66, which are defendants in separate climate-related litigation.
Advocacy groups had argued that those investments, combined with the potential industry-wide implications of the Suncor case, raised questions under the Supreme Court’s Code of Conduct.
The code states that a justice should recuse when the justice’s impartiality might reasonably be questioned or when the justice has a financial interest in the subject matter in controversy.
But justices generally are not required to explain why they recuse themselves, and Alito has not publicly stated what prompted his decision in this case.
His absence could have a significant procedural consequence.
Only eight justices will now participate. If the court divides 4-4, the Colorado Supreme Court’s ruling would remain in place without establishing a nationwide Supreme Court precedent.
The remaining court includes five conservative justices and three liberal justices, although ideological alignment does not necessarily determine how individual justices will approach the federal-preemption questions presented in the case.
Alito had been viewed by some legal observers as potentially receptive to the companies’ argument that federal law prevents states from using their own tort laws to impose liability over emissions associated with global climate change.
His decision to step aside removes one vote from the case before arguments even begin.
What remains unexplained is why.
The court’s notification says only that Alito “has determined that he will not continue to participate,” leaving the reason for his withdrawal undisclosed as the justices prepare to hear a case with potential consequences for climate litigation nationwide.
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National Emergency Declared — Trump Called In
Five men have been arrested in a suspected terror plot near one of America’s most strategically important bomber hubs in Britain, triggering an intensive counterterrorism investigation and renewed security concerns surrounding U.S. military installations overseas.
British authorities launched the investigation after police received a report shortly before 1 a.m. Sunday about three suspicious vehicles apparently traveling toward RAF Fairford.
Armed officers descended on the nearby Whelford area and arrested five men initially on suspicion of explosives offenses. Authorities subsequently arrested the suspects on suspicion of preparing a terrorist act under Section 5 of Britain’s Terrorism Act.
All five are British nationals from London in their early twenties, police said Monday.
Investigators are now working to determine what the men allegedly intended to do, their motive and whether anyone else — including a foreign actor — played a role.
RAF Fairford is owned by Britain but serves as a strategically important operating location for the U.S. Air Force, including American long-range bombers.
The installation has taken on increased importance amid U.S. military operations involving Iran and the broader Middle East.
Former Defense Intelligence Agency official Andrew Badger said the circumstances surrounding the arrests immediately stood out.
Five suspects traveling in three separate vehicles, he argued, could indicate investigators are dealing with something more coordinated than an isolated individual.
“This isn’t just some type of amateur lone wolf operation,” Badger told Fox News Digital while discussing the investigation.
Badger also predicted the incident could lead to tougher security measures at American military facilities.
“We are going to see elevated security protocols,” he said.
The potential target is significant.
American B-1B Lancers and B-52 Stratofortresses have operated from RAF Fairford, providing the United States with a European location capable of supporting long-range strategic bomber missions.
Its reinforced runway stretches nearly two miles and is capable of handling some of America’s largest military aircraft.
President Donald Trump addressed the arrests Sunday and said American and British authorities had worked together in connection with the incident.
“They were looking to do big damage to our fort,” Trump told reporters.
Trump also praised cooperation between the United States and Britain following the arrests.
British authorities have been considerably more cautious about assigning a motive.
Investigators are still trying to establish what happened and why. Possible foreign involvement is reportedly among the avenues being examined, but authorities have not publicly concluded that Iran — or any other government — directed the alleged plot.
Iran’s embassy in London denied involvement Monday amid speculation surrounding the arrests.
Investigators are reportedly examining several possible motives, including potential Iranian links, Russian sabotage and Islamist extremism. None of those possibilities has been publicly established as the cause of the suspected plot.
The Iranian connection has drawn particular attention because of recent tensions surrounding military installations supporting operations against Tehran.
Iran’s Islamic Revolutionary Guard Corps warned in July that bases supporting attacks against Iranian territory could become military targets.
Britain had previously authorized American forces to use Fairford for certain operations against Iranian missile positions.
Security around the installation had reportedly already been increased.
Local councilor Tristan Wilkinson told Reuters that surveillance was stepped up following a specific Iranian threat roughly six weeks before Sunday’s arrests.
Authorities have not publicly established any connection between that earlier threat and the five suspects.
The response on the ground was substantial.
Approximately 85 households were evacuated while authorities established a roughly 400-meter security cordon as specialists examined vehicles connected with the investigation.
Reports indicated that a local farmer alerted authorities after spotting three large white vans and suspicious activity near the military installation. Hooded and masked individuals were reportedly seen running toward nearby fields.
Former Trump White House official Morgan Murphy said American agencies would likely be working closely with British investigators as authorities attempt to determine whether the alleged operation extended beyond the five suspects.
Murphy pointed to Air Force investigators, U.S. intelligence personnel and FBI officials stationed in London as among those who could become involved.
Investigators are likely to examine communications, financial transactions and other records for evidence of additional connections, he said.
The area contains another strategically important American military facility as well.
Nearby RAF Welford houses a major U.S. weapons and ammunition storage operation supporting American forces in Britain and across the European theater.
For now, the most important questions remain unanswered: what the five men allegedly planned, whether RAF Fairford was their intended target, and whether anyone else was behind them.
British counterterrorism authorities continue to investigate, and no foreign government or organization has been publicly identified by police as responsible for the suspected plot.
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Seat Officially Flipped After HUGE Win and Election Upset
Republicans were dealt a surprise blow in one of Pennsylvania’s most reliably red state House districts after Democrat Brandon Dukes pulled off a razor-thin special-election upset in territory President Donald Trump carried by more than 18 points.
But the fight isn’t over.
Dukes defeated Republican Scott Timko by just 88 votes in Pennsylvania’s 12th House District in Butler County, flipping a seat Republicans had controlled for decades.
Now Republicans will get an immediate opportunity to take it back when Dukes and Timko face each other again in November.
The special-election result immediately drew attention because of just how Republican the district has historically been.
Trump carried the district by more than 18 percentage points in the 2024 presidential election, while former Republican state Rep. Stephenie Scialabba won the district by roughly 30 points that same year.
Scialabba’s resignation earlier this year created the vacancy and triggered the special election.
Dukes’ victory broke a Republican hold on the seat dating back decades and gave Democrats a significant pickup just months before the November midterms.
But Republicans are pointing to one major factor that could make the rematch very different: turnout.
Participation in the special election was unusually low, producing an electorate far smaller than the one expected to vote in November.
That leaves both parties preparing for a dramatically different contest when a much larger group of voters returns to the polls for the general election.
The Pennsylvania House Republican Campaign Committee made clear that it considers Tuesday’s result only the first round.
“The General Election starts today with Scott Timko reaching out to voters, building a winning coalition, and holding Brandon Dukes accountable for his extreme positions that he continues to hide from voters.”
The special-election reporting did not specify which positions Republicans were referring to.
Pennsylvania House Republican Leader Jesse Topper also sought to put the loss in perspective, describing the result as “disappointing but unsurprising” while pointing to changing demographics, the summertime election date and the unpredictable nature of special-election turnout.
“There is much more yet to unfold in the final months of the 2026 election cycle and we will continue carrying out vision for positive growth in Pennsylvania through November,” he said.
The district itself underscores why the result is attracting attention.
Pennsylvania’s 12th House District covers portions of Butler County north of Pittsburgh, including Cranberry, Adams and Jackson townships and several surrounding communities. Republicans also hold a substantial voter-registration advantage in the district.
Yet Dukes managed to overcome those structural advantages in the low-turnout special election and capture the seat by fewer than 100 votes.
The result gives Democrats control of a district that had long been considered safe Republican territory — at least for now.
Republicans will have their chance to reverse the upset on November 3, when Timko and Dukes meet again to determine who will represent the district for a full two-year term beginning in 2027.
With the special election decided by only 88 votes, the rematch is shaping up to be a closely watched Pennsylvania House contest heading into November.
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