Several points remain unresolved. The allegations in the Chicago class action have not been tested in court, and McDonald's denies them. Walmart has not disclosed how its shelf label systems are configured or whether any pricing data feeds into them. Critics, including Lindsay Owens of Groundwork Collaborative, author of Gouged, dispute the companies' explanations, but no regulator has yet made a finding against any of them.
Legislation is moving on several fronts. In February 2026, U.S. senators introduced the Stop Price Gouging in Grocery Stores Act. In the House, Reps. Greg Casar and Rashida Tlaib introduced a bill to bar surveillance data from being used to raise prices, which the UFCW has endorsed. New York already requires stores to disclose AI-based pricing, and Pennsylvania, Maryland and Washington are considering outright bans, according to King & Spalding. Counsel advising retailers or restaurants should track the class action's early motions, any state disclosure filings, and how companies document the line between algorithmic suggestions and final pricing decisions. Public denials alone are unlikely to settle the question, so the verifiability of those statements is what to watch.