So claims a class action complaint in a story by Law360’s Lauren Berg. WaPo’s practice came to light because of the New York law obliging companies using surveillance pricing to so disclose. That’s the first use of surveillance pricing I’ve heard of that we wouldn’t know about but for the NY statute; I wonder if this is going to be like California’s first-in-the-nation data breach law that enabled consumers to learn that their data had been compromised in data breaches, something that might not otherwise have come to light. The complaint proceeds under the Washington D.C. UDAP statute and in unjust enrichment.
