What's Happening?
A webinar titled 'The Next Frontier — Surveillance & Personalized Pricing' is set to address the growing regulatory and litigation risks associated with surveillance pricing. This practice involves using personal data, such as location, demographics,
and shopping history, to set individualized prices or offers. Companies employing these strategies face potential legal challenges under antitrust, consumer protection, data privacy, civil rights, and false advertising laws. The webinar, scheduled for June 10, 2026, will be led by Crowell partners Joanna Forster, Toni Michelle Jackson, and Jordan Ludwig. It aims to guide businesses in retail, e-commerce, hospitality, financial services, travel, entertainment, and ticketing on how to manage these risks by reviewing pricing practices and privacy policies.
Why It's Important?
The increasing scrutiny on surveillance pricing reflects broader concerns about consumer privacy and fair market practices. As companies leverage data to personalize pricing, they risk violating various legal frameworks, particularly in states like California, New York, and Washington, where regulatory oversight is stringent. The Federal Trade Commission (FTC) is also intensifying its focus on these practices. Businesses that fail to comply with evolving regulations may face significant legal and financial repercussions. This issue underscores the need for companies to balance innovative pricing strategies with ethical data use and compliance with consumer protection laws.
What's Next?
Businesses engaged in surveillance pricing must prepare for heightened regulatory scrutiny and potential legal challenges. Companies are advised to proactively review and adjust their pricing strategies and data privacy policies to mitigate risks. The webinar will provide insights into building a proactive risk management strategy, which could be crucial for companies to navigate the complex legal landscape. As regulatory bodies continue to evolve their approach to data privacy and consumer protection, businesses must stay informed and adaptable to maintain compliance and consumer trust.
