S 8616

Summary

As passed the Senate: - Prohibits food and drug retail establishments from using electronic shelf labels or any other digital shelf display technology. - Prohibits food and drug retail establishments from engaging in personalized algorithmic pricing or surveillance pricing. - Prohibits the use of an individual's protected class data by food and drug retail establishments to set different prices or deny services. - Establishes a private right of action for aggrieved consumers, employees, or labor organizations, allowing for statutory damages of at least $5,000 per violation. - NOTE: 5/6 amended version: - Modifies the term "dynamic and surveillance pricing" to make and define each as distinctive terms. - Strikes the definition of "personalized algorithmic pricing." - Defines "bona fide discount" and "bona fide custom discount." - Clarifies that the restrictions do not prohibit food and drug retail establishments fromproviding consumers a bona fide discount or bona fide custom discount. - Strikes provision allowing consumers a private right of action. - Authorizes the Attorney General to promulgate rules and regulations to implement and enforce the requirements. - NOTE: 5/29 amended version: - Modifies the definition of "consumer." - Replaces "consumer data" with "personal data." - Excludes location data that is affirmatively and knowingly shared by a consumer that is used to calculate a trip duration and distance costs for a service like delivery, or to assess localy supply and demand conditions. - Lowers the square footage of an applicable food retail establishment from 15,000 square feet to 10,000 square feet or more. - Includes reductions in price that are generally available based on bulk purchases or subscriptions under a bona fide discount. - Permits loyalty, membership or rewards programs to include tiers of bona fide discounts based on prior purchase history data provided that the tiers are clearly and conspicuously disclosed and that such prior purchase history data is not paired, combined, or cross-referenced with any other personal data except enrollment in the loyalty, membership or rewards program. - Allows an entity to notify the consumer or automatically apply a bona fide custom discount if the entity knows a consumer is eligible for the discount, if the reference price does not change. - Requires the entity to notify the consumer if they are eligible when automatically applying the bona fide custom discount. - Requires any food or drug retail establishment that uses dynamic pricing to chnage the price of a good more than once in a 24-hour time frame to clearly disclose the use, frequency, and the conditions that factor into the pricing.

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