Surveillance Pricing Enforcement: Responding to the California CCPA Sweep and New York’s Algorithmic Pricing Act

Toni Michelle Jackson, Partner | Crowell & Moring LLP

Toni Michelle Jackson is a partner at Crowell & Moring LLP and chair of the firm’s State Attorneys General Practice Group. A first-chair litigator with more than 15 years of government service, she leads class and collective actions, multidistrict litigation, and other complex matters in federal and state courts, and advises clients facing State Attorneys General investigations, inquiries, and litigation.

• Education & Credentials

Toni earned her B.B.A. from The George Washington University in 1988 and her J.D. from the University of Minnesota Law School in 1991. She is admitted in the District of Columbia and Minnesota and before the Supreme Court of the United States, the U.S. Court of Appeals for the Eighth Circuit, and several federal district courts. She began her career as a law clerk to the Hon. Gerald W. Heaney of the U.S. Court of Appeals for the Eighth Circuit and later clerked for the Hon. John M. “Jack” Mason of the U.S. District Court for the District of Minnesota.

• Recognition & Leadership

While serving as Deputy Attorney General in the Public Interest Division of the District of Columbia Office of the Attorney General from 2018 to 2021, Toni received the Attorney General’s Award for Outstanding Head of a Division in recognition of her contributions in leadership, service, and training. Her earlier leadership roles at the office include Chief of the Equity Section from 2015 to 2018 and Chief of General Litigation Section III of the Civil Litigation Division.

• Professional Involvement

Toni chairs Crowell & Moring’s State Attorneys General Practice Group and is a member of the District of Columbia Bar and the U.S. Supreme Court Bar. Her recent speaking engagements include “Ensuring and Protecting Access to the Courts” at the DAGA Denver Policy Conference in September 2025.

• Experience

Toni served as Senior Trial Attorney in the Employment Litigation Section of the U.S. Department of Justice Civil Rights Division from 2008 to 2015 and held Assistant Attorney General and section leadership roles in the District of Columbia. Her representative matters include defending a major railroad in multidistrict litigation alleging a multibillion-dollar conspiracy to fix fuel prices, representing a leading e-commerce platform in a major antitrust lawsuit filed by the D.C. Attorney General challenging nationwide pricing policies, and representing a leading online retailer in a multistate Attorneys General investigation into driver tips. She also defends wage and hour class and collective actions under the federal Fair Labor Standards Act and state wage and hour laws in federal courts across the country.

Joanna Rosen Forster, Partner | Crowell & Moring LLP

Joanna Rosen Forster is a partner at Crowell & Moring LLP and a member of the firm’s State Attorneys General Practice. A bet-the-company litigator, she represents companies from startups to publicly traded enterprises in high-stakes litigation, class actions, and government investigations, with a focus on technology, digital assets, e-commerce, and AI.

• Education & Credentials

Joanna earned her J.D. from the University of California, Berkeley School of Law in 2006 and her B.A. in Political Science from the University of California, Berkeley in 2000. She is admitted in California and before the U.S. Court of Appeals for the Ninth Circuit and the Northern, Central, Eastern, and Southern Districts of California. She served as a law clerk to the Hon. Consuelo B. Marshall of the U.S. District Court for the Central District of California.

• Recognition & Leadership

Joanna received the 2025 Burton Award for Distinguished Legal Writing and was named a Leading Commercial Litigator for 2026 by the Daily Journal. She previously served as Deputy Attorney General in the Corporate Fraud Section of the California Department of Justice from 2015 to 2021 and as General Counsel and Chief Compliance Officer of ContextLogic, Inc., a publicly traded e-commerce platform operating in over 60 countries.

• Professional Involvement

Joanna serves on the board of the Jewish Community Center of San Francisco and on the Family Services Committee of Family House Inc. She frequently speaks and publishes on issues integral to her practice, including a June 2026 Crowell & Moring webinar on surveillance and personalized pricing.

• Experience

Joanna secured a jury verdict, judgment, and an eight-figure damages award for c3.ai, a leading enterprise AI software and application company, in a Delaware Superior Court matter alleging misappropriation of trade secrets and breach of contract. Her other representative matters include defending a major retail platform against class action allegations of deceptive and unfair pricing practices and misleading online disclosures, and defending a nationwide e-tailer against claims of deceptive pricing and illegal processing of personal data. Earlier in her career, she served on the litigation team that secured over $1 billion in recovery for CalPERS and CalSTRS in residential mortgage-backed securities matters, work recognized with the Attorney General’s Award for Excellence in 2019.

SESSION 1 – How Surveillance Pricing Works, Who Is Liable, and How Enforcement Took Shape | 12:00pm – 1:00pm

This session defines surveillance-based personalized pricing, distinguishes it from algorithmic and dynamic pricing, and walks through the data ecosystem behind it, from online tracking and electronic shelf labels to the three-stage pipeline of data collection, consumer profiling, and pricing engine deployment. Attorneys will trace the enforcement arc from the FTC’s January 2025 surveillance pricing report and the rental housing enforcement action to the mounting class action resolutions, examine first-party, third-party, and intermediary liability theories, including the developer versus deployer distinction, and survey state Attorney General enforcement approaches in California, New York, and Washington. The session closes with the emerging debate over whether personalized discounts remain permissible.

BREAK | 1:00pm – 1:10pm

SESSION 2 – Legislation, Litigation, and Sector-by-Sector Compliance Priorities | 1:10pm – 2:10pm

This session maps the enacted, passed, and pending legislation reshaping the field, including new surveillance pricing statutes in Connecticut, Maryland, Tennessee, and New York, pending state and federal bills, and the California and New York measures setting the national standard, alongside FTC rulemaking and Congressional inquiries in Washington, D.C. Attorneys will examine the first surveillance pricing class action against the airline industry and the disclosure gap theory driving it, then work through a sector-by-sector risk breakdown covering retail and e-commerce, hospitality, consumer goods, financial services, and healthcare. The session closes with sector-specific compliance priorities and an eight-question internal audit checklist for identifying client compliance gaps.