Surveillance Pricing Map: FTC Policy, California ADMT Rules, State Disclosure Laws

McGuireWoods maps the emerging 'surveillance pricing' regime — algorithms plus personal data used to set individualized prices — across three fronts. First, the FTC's Aug. 19, 2026 proposed enforcement policy statement signals that failing to conspicuously disclose personalized pricing and the data behind it may be deceptive under Section 5, with illustrative examples spanning food delivery, grocery, hotels and rideshare. Second, California's final ADMT regulations, adopted July 24, 2025 and effective Jan. 1, 2026, require pre-use notice, opt-out rights, explanations and privacy risk assessments for 'significant decisions' by Jan. 1, 2027, while CCPA purpose-limitation and data-minimization standards are hard to satisfy where data collected for other purposes is repurposed to price. Third, states are layering on statutory duties: New York's Algorithmic Pricing Disclosure Act, Maryland HB 1475 (proposed effective Oct. 1, 2026) and Colorado's SB 26-189. Counsel should inventory what data actually feeds pricing models, map third-party pricing-vendor data provenance and disclosures, and note that carve-outs for insurance, GLBA-covered institutions and subscription loyalty programs are narrow and jurisdiction-specific. Watch for finalization of the FTC policy and Maryland's bill fate.