• videocam Live Webinar with Live Q&A
  • calendar_month June 10, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Cybersecurity and Data Privacy
  • schedule 90 minutes

Individualized Pricing and Data Privacy: Evolving Regulatory, Enforcement, and Litigation Risk

Data Flow Mapping; Investigative Response Preparedness; Governance; Price Model Vetting

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Discount expires 5/27/26

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About the Course

Introduction

This CLE course will examine individualized (surveillance) pricing and the data privacy, AI, and consumer protection risks for businesses using electronic monitoring and algorithms for personalized pricing. Participants will learn how key personalized pricing models work, what personal data they rely on, and how regulators and plaintiffs are scrutinizing these practices. The program will provide practical guidance for assessing and mitigating compliance, investigation response, governance, and litigation risk, including evaluating disclosures and data and pricing policies as well as third-party vendor arrangements.

Description

Individualized pricing or so-called "surveillance pricing" is emerging as a major privacy and legal compliance issue, drawing both federal and state scrutiny. Using electronic monitoring technology and AI, businesses now have the scaled ability to set targeted consumer prices based on the personal information collected. Algorithmic pricing is intended to maximize business revenue.

The Federal Trade Commission (FTC) and state regulators are intervening due to the scope and lack of transparency surrounding this kind of personal data collection. Their concerns include market distortions, impacts on housing, food, and retail, and potential for unfair discrimination. Consumer and privacy groups are urging more FTC intervention.

Legislators are also taking action. New York's Algorithmic Pricing Disclosure Act, N.Y. Gen. Business Law Section 349, targets undisclosed algorithmic pricing with some exceptions. Congress has also signaled interest in two pending bills, the One Fair Price Act and the Stop AI Price Gouging and Wage Fixing Act. California is taking a two-pronged approach to surveillance pricing with the California Consumer Privacy Act (CCPA) and pending California Assembly Bill 2564. More states are following suit.

Businesses using personalized pricing should assess their practices for compliance and risk mitigation. In this course, faculty will explain key pricing models and how they rely on personal data and other sources; summarize the federal and state legislative landscape; and discuss how to assess pricing and data-collection policies and comply with applicable privacy, AI, and pricing laws.  

Listen as our authoritative panel of cybersecurity, data privacy, and technology experts discusses surveillance pricing, current federal and state developments, and practical compliance and mitigation strategies. The panel will also address governance considerations, investigative response preparedness, and private litigation risk.

Presented By

Julia B. Jacobson
Partner
Squire Patton Boggs

Ms. Jacobson is a partner in the Data Privacy, Cybersecurity & Digital Assets Practice. She offers practical and tactical counsel on privacy and cybersecurity compliance strategies, data breach response, technology transactions and marketing initiatives for national and multinational organizations. Ms. Jacobson assists clients with the design and development of privacy-sensitive policies for the collection and use of personal data. She regularly advises businesses on the privacy and cybersecurity aspects of environmental, social and governance (ESG) programs, ethical data use, machine learning and artificial intelligence, vendor contracting and management and business sales, combinations and acquisitions.

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David J. Navetta
Partner
Troutman Pepper Locke LLP

Mr. Navetta has extensive experience enabling his clients’ data leverage and monetization strategies, business plans, and products and services as they confront the novel and rapidly evolving complexities in this space. He combines deep knowledge of the privacy, security, and data landscape with practical risk-informed compliance advice, which is highly valued by technology and traditional companies seeking to build their data and technology strategies. Mr. Navetta has advised clients on a multitude of privacy, data, and technology-related issues, including data ownership and use rights, compliance with U.S., federal, and international privacy laws, data localization and transfers, commercial technology transactions, identity management, data brokerage, advertising and media data issues, data mapping, consent-flow management, privacy and cyber financial reporting, and privacy and data due diligence related to hundreds venture financing, mergers and acquisitions, and IPO transactions. He is a pioneer in the data protection space and is regularly sought after to handle complex and cutting-edge data security and protection issues, including data breach response, cybersecurity risk management, incident response planning and preparedness, cyber insurance coverage, and running multidisciplinary tabletop and scenario-base exercises for information security teams, top management, and boards. He is a leading voice on incident response strategies, communications, and impact mitigation, and has helped thousands of companies successfully respond to security incidents, including navigating the SEC’s cybersecurity rule, and developing materiality assessment processes and playbooks.


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Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Wednesday, June 10, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Overview of individualized pricing methods and practices 

II. Legal risk landscape

A. Federal activity: FTC inquiries, findings, congressional efforts

B. State activity

  1. NY's Algorithmic Pricing Disclosure Act
  2. CA's CCPA requirements, with an enforcement update, and Bill 2564
  3. Other state privacy, pricing, and consumer protection activity

C. Litigation landscape

III. Mitigation and compliance strategies for businesses 

A. Assessing relevant privacy, AI, automated decision-making, profiling and pricing laws

B. Discovering pricing strategies

C. Data flow mapping and auditing 

D. Pricing tools/regimes: in-house tools and third-party vendors

E. Disclosures

IV. Key considerations moving forward

A. Preparing for scrutiny with privilege in mind

B. Best practices for responding to investigative requests 

C. Governance and future price model vetting

D. Aligning pricing practices with amended policies

The panel will review these and other key issues:

  • How surveillance pricing models use personal data, and where legal risks arise
  • What laws and regulators target algorithmic pricing, and why?
  • Which disclosures, policies, and diligence efforts will reduce legal risk?
  • How to prepare for investigations and private lawsuits