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Shoppers Want Personalized Prices. Lawmakers, Not So Much.

19h ago · 3 sources · regulation

Grocery pricing just became a political sport.

Maryland has passed the Protection from Predatory Pricing Act, banning grocers and third-party delivery platforms from using personal data to set higher prices for specific shoppers. The law targets large food retailers over 15,000 square feet and delivery providers, and more than two dozen other states are considering similar bills.

The backdrop is messy. Instacart recently agreed to pay $60 million in refunds to settle FTC allegations tied to practices that raised grocery costs. Lawmakers are clearly in no mood for “surveillance pricing.”

Here is the twist. Shoppers say they want personalization. A dunnhumby report found 92% of U.S. shoppers are willing to share their data in exchange for personalization. About 64% are open to personalized pricing. Retailers see that and think opportunity.

But consumers also draw a line. Nearly 48% say automated retail processes like agentic commerce feel intrusive.

So which is it? Personalized, but not predatory. Helpful, not creepy. Relevant, not discriminatory.

For CPG and retail, the message is clear. The tech may be ready. The shopper might even be ready. Regulators are not. If dynamic pricing feels like a loyalty perk, it flies. If it feels like you are charging someone more because you can, expect more states to follow Maryland’s lead.

Key facts

  • Maryland Gov. Wes Moore signed the Protection from Predatory Pricing Act (HB 895), prohibiting grocers and third-party delivery services from using dynamic pricing or personal data to set higher prices for specific consumers.
  • The law applies to large food retailers with 15,000 square feet or more and third-party delivery providers, and covers tax-exempt food items.
  • More than two dozen other states are considering similar legislation, including Arizona, California, Illinois, Idaho, New Jersey, New York and Washington.
  • Instacart agreed to pay $60 million in refunds to settle FTC allegations that it engaged in numerous unlawful tactics that harmed shoppers and raised grocery costs.
  • A dunnhumby report found that 92% of U.S. shoppers are willing to share their data with retailers in exchange for personalization.
  • Research shows 64% of shoppers are open to personalized pricing as a retail media concept.
  • Close to half of respondents, 48%, found automated retail processes such as agentic commerce to be intrusive.
  • 15,000 square feet
  • 60 million
  • 92%
  • 64%
  • 48%

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