Full Breakdown
Colorado Governor Vetoes Surveillance Pricing Ban
6/5/2026, 12:38:41 PM
Core Event: Polis Vetoes Colorado Surveillance Pricing Ban
On Tuesday, Governor Jared Polis vetoed House Bill 26-1210, which would have classified data-driven pricing algorithms as a deceptive trade practice. The bill, introduced by Representatives Javier Mabrey and Jennifer Bacon, sought to ban “surveillance pricing” and imposed fines of $10,000 per violation.
Background & Context: Growing Concern Over Personalized Pricing
Surveillance pricing—also called personalized or bespoke pricing—relies on algorithms that adjust prices based on a shopper’s browsing and purchase history. Public backlash has intensified after incidents involving Delta and Instacart, and Maryland enacted a grocery-price ban in April, though critics note many loopholes.
Key Figures & Groups
Governor Jared Polis; Representatives Javier Mabrey and Jennifer Bacon (bill sponsors); George Slover, Center for Democracy & Technology; Pat Garofalo, American Economic Liberties Project; Paul Singer, Kelley Drye & Warren; Rep. Lee Hepner, American Economic Liberties Project.
Data & Statistics
Polling by GBAO Strategies and the United Food and Commercial Workers Union shows 68 % of Americans fear surveillance pricing raises costs, while only 5 % think it lowers prices. The bill would have imposed fines of $10,000 per violation.
Official Statements & Responses
Polis wrote that he appreciates the bill’s intent but argued its language could penalize lower prices as well as higher ones, and could unintentionally restrict technologies that benefit consumers. The sponsors emphasized that the bill includes transparent loyalty-program exceptions and aims to protect Colorado families from discriminatory pricing.
Criticism & Opposition
Advocates argue the veto preserves corporate use of personal data. Slover called the proposal “a good bill” that would stop abusive pricing. Garofalo accused Polis of siding with large corporations over working Coloradans. Singer warned that restricting algorithms could harm consumers by limiting price-reduction tools. Hepner suggested the veto tarnishes Polis’s legacy.
Conflicting Reports & Gaps
Sources differ on whether the bill targeted only grocery pricing or also rent-setting algorithms, and no data quantify current use of surveillance pricing in Colorado.
Verbatim Quotes
- “Because of the broad sweep, the bill would punish differentially lower prices, not just higher prices.” — Gov. Jared Polis
- “People should not be paying more for products or earning less for their work because of opaque algorithms using their private personal information.” — George Slover, Senior Counsel for Competition Policy, Center for Democracy & Technology
- “Polis had an opportunity to stand with working Coloradans, but instead chose to side with the dominant corporations using invasive surveillance data to pick their pockets.” — Pat Garofalo, Director of State and Local Policy, American Economic Liberties Project
- “Paul Singer, who worked in consumer protection at the Texas Attorney General’s office under Ken Paxton for over 20 years and is now a partner in private practice at Kelley Drye & Warren, told Gizmodo it actually hurts consumers if you put restrictions on algorithms.” — Paul Singer, Partner, Kelley Drye & Warren
- “All of us are playing against a supercomputer when we go into the grocery store,” — Rep. Jennifer Bacon
What's Next
Representatives Mabrey and Bacon said they will refile the bill in the next legislative session. The Center for Democracy & Technology hopes the Assembly will pass a revised version, while consumer-advocacy groups monitor further state actions.
