S 8483

Summary

As passed the Senate: - Prohibits online retailers from generating a price based, in whole or in part, on the hardware or hardware state of a consumer's online device; the absence or presence of any software on such online device; or the geolocation data of the online device. - Permits the use of geolocation data of an online device or consumer's location to generate a price to account for: - The differences in the costs or demands associated with providing a good or service to different consumers; - A surcharge based on the real-time demand for the product or service in the consumer's vicinity, if the product or service is provided immediately upon request; or - Price variances at different physical locations, due to legitimate cost or demand differentials or state or local government taxes, duties, or other fees. - Excludes coupons that are separate the price, any discount, or any other bona fide rebates, sales, or promotions that reduce the price of goods or services, that are available to the general public on the same terms, and do not incorporate input data. - NOTE: 2/12 amended version allows a retailer to offer a price to a consumer through the consumer’s online device if the consumer has downloaded an application or software and opted in to use that application or software to purchase a product or service. - NOTE: 5/8 amended version: - Allows a consumer price to be offered through an online device if the consumer has downloaded an app and opted in. - Adds the term "Personal data" and defines it as any data that identifies or could reasonably be linked, directly or indirectly, with a specific consumer or device. - Amends penalties.

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