Washington lawmakers are considering legislation that would limit certain retail pricing practices as part of a broader discussion about affordability and emerging technology. HB 2481, introduced during the 2026 legislative session, focuses on what supporters describe as surveillance pricing and surge pricing, particularly in grocery stores.
Surge pricing generally refers to price changes based on demand, while surveillance pricing involves the use of consumer data and artificial intelligence to set individualized prices. Supporters of the bill argue that these practices can be difficult for consumers to detect and may lead to unequal outcomes. The proposal would prohibit personalized pricing based on consumer data for groceries, restrict surge pricing on essential goods, and pause the rollout of electronic shelf labels until further review. Violations would be enforced under the Consumer Protection Act.
During legislative testimony, proponents cited national research showing that companies can track extensive online and purchasing data to tailor prices. A recent investigation into grocery delivery services found that price differences among consumers could result in some households paying up to $1,200 more per year. Supporters also raised concerns about transparency and the potential impact on access to affordable food.
Retail and grocery industry groups testified in opposition, emphasizing shared concerns about discriminatory pricing while cautioning against unintended consequences. Crystal Leatherman, WR’s Director of Policy & Government Affairs stated, “We share the goal of preventing discriminatory pricing, but we are opposed to the legislation as written due to its broad language.” She added that applying the Consumer Protection Act could expose retailers to class action litigation and urged lawmakers to clarify definitions to reduce uncertainty.
The bill has not yet been scheduled for a vote. If approved and signed into law, it would take effect 90 days after the Legislature adjourns in March.
