Retail Unboxed Webinar Series: Surveillance Pricing Regulation—What's Pending, What's Next, and How Retailers Should Prepare
Join us for a timely discussion on "surveillance pricing" — one of the most active legislative and regulatory issues facing retailers today. Federal and state legislators and regulators, including the Federal Trade Commission (FTC), have turned their attention to how companies use consumer data to personalize prices. Proposed and enacted rules frequently sweep in retail pricing activity far beyond the dynamic pricing models associated with rideshare and airline platforms, potentially capturing routine retail practices such as loyalty program discounts, targeted promotions, personalized offers, and segmented couponing.
This one-hour program will examine the current political and policy landscape and offer practical guidance to retailers on:
- The Surveillance Pricing Landscape: An overview of legislative and FTC activity, including pending and expected inquiries and studies about personalized and “surveillance pricing” activity by retailers, an overview of enacted and pending state legislation and the state enforcement outlook, and how broadly drafted definitions of "surveillance pricing" can reach everyday retail discounting and promotional practices.
- Business Impact: How these laws and enforcement proposals could affect loyalty programs, personalized marketing, promotional strategy, and the economics of data-driven customer engagement — even for retailers that do not engage in real-time algorithmic or dynamic pricing.
- Advocacy and Engagement: Insights from the pending Congressional inquiry into surveillance pricing, the FTC proposed enforcement policy statement and comment process, and advocacy efforts at the federal and state level, including how the retail industry is responding and where there may be opportunities to shape outcomes.
- Practical Steps: What retailers can do now to assess their potential exposure from enacted and proposed state laws and the FTC’s proposed policy, internally review current pricing methodologies, coordinate across legal, marketing, and data teams, and prepare for disclosure or recordkeeping requirements.
Whether you are advising on pricing strategy, managing data privacy and governance, overseeing loyalty or marketing programs, or tracking legislative risk and advising on government relations strategy, this session will provide an overview of the current landscape as we approach the post-election environment for 2027 with practical tools to help retailers anticipate and respond to this quickly developing political and policy issue.
Speakers
- Paul Martino, Partner, Government Relations
- Kevin Hahm, Partner, Antitrust and Consumer Protection
Who Should Attend
- Chief legal officers, general counsels, and senior in-house counsel
- Government relations and public policy teams
- Retail legal and compliance leaders
- Data privacy and governance professionals
- Pricing, marketing, and loyalty program leaders
Questions: Please contact Kourtney Buckner
If you are seeking credit, please complete the following during the webinar:
CLE: Hunton will seek CLE credit for this program in CA, FL, GA, NC, NY, TX, and VA. Credit hours are not guaranteed and are subject to each state’s approval rules.
SHRM: This program is valid for 1 PDC for the SHRM-CPSM or SHRM-SCPSM.
HRCI: This program has been pre-approved for 1 HR (Business) recertification credit hours toward aPHR®, aPHRi™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™, and SPHRi™ recertification through HR Certification Institute® (HRCI®).
