HB 4248

Summary

As passed the Senate: - Creates the Protection from Surveillance Pricing Act. Provides that a person shall not engage in surveillance pricing. - Exempts price differences based on legitimate cost factors such as taxes, fees, shipping, and delivery costs; generally applicable price fluctuations; refunds, rebates, credits, and cancellation-retention offers; publicly disclosed discounts and promotional programs; discounts for groups such as students, veterans, teachers, and seniors; qualifying loyalty, rewards, and membership programs; credit decisions based on consumer reports; pricing by certain regulated financial institutions; airline ticket pricing; and most insurance pricing practices. - NOTE: 5/22 amended version: - Specifies that the restrictions to not apply to: fluctuations in the cost of acquiring, producing, or transporting goods; objective cost differences directly related to the provision or sale of goods to consumers in different geographic areas; supply chain disruptions; time-limited sales, promotions or discounts that are offered in good faith in the usual course of business; the imposition of any tax or fee required by a governmental body; shipping cost variations; discounts or loyalty member pricing, price matching; special discount programs offered based on publicly disclosed eligibility criteria, such as students or teachers; fees or surcharges imposed by third-parties such as payment processors or delivery platforms; or differential prices offered in good faith as a credit, refund, rebate, or discount offered to remedy a consumer problem. - Clarifies that the restrictions do not apply to any provider of financial services or the pricing of any contract or policy of insurance. - Establishes that the restrictions do not apply to algorithmic pricing models that do not use personal data or to the use of consumer data to determine creditworthiness. - Authorizes the Attorney General to investigate claims and seek injunctions for potential violators. - Establishes a maximum civil penalty of $50,000 for each violation. - NOTE: 5/31 amendment: - Deletes disclosure and replaces it with a ban. - Allows a consumer to opt out of surveillance pricing. - Requires a covered entity to provide the opted-out consumer with a non-personalized baseline price for the goods or services. - Prohibits a covered entity from using specified personal information to generate algorithmic pricing.

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