State AGs Boost AI, Privacy, Pricing Enforcement; NJ Implements Surveillance Pricing Ban
In-house counsel at U.S. companies using AI, processing consumer data, or deploying dynamic pricing models face rising compliance risk from intensifying state AG enforcement and New Jersey’s new surveillance pricing ban.
State attorneys general across multiple U.S. jurisdictions have announced stepped-up enforcement initiatives targeting AI development and deployment, consumer data privacy practices, and anti-competitive pricing strategies. New Jersey has recently enacted a ban on surveillance pricing, which prohibits using consumer behavioral data to set individualized prices for goods and services. The 2026 midterm election cycle and key state AG races will shape 2027 enforcement priorities, with potential for expanded regulatory focus across additional states. In-house counsel should audit current AI, data privacy, and pricing practices for compliance with existing state rules and the new New Jersey ban, monitor pending AG enforcement actions in their operating jurisdictions, and update internal compliance programs to address emerging state-level regulatory requirements.