HB 895

Summary

As enacted: - Prohibits food retailers and third-party delivery service providers from engaging in dynamic pricing or using consumer personal data to set prices for goods or services. - Prohibits food retailers or third-party delivery services from using a consumer's protected class data if it results in denying them an accommodation, advantage, or privilege accorded to others. - Exempts promotional pricing offers, loyalty program benefits, or other temporary discounts or price changes related to retaining existing customers from dynamic pricing. - NOTE: 3/20 amended version: - Modifies the definition of "dynamic pricing" to remove the use of artificial intelligence or models in near real-time. - Strikes the term and definition of "surveillance data" and replaces it with "personal data." - Requires the Consumer Protection Division to provide food retailers with a notice of an alleged violation with a 45 day right-to-cure. - NOTE: Enrolled version: - Modifies the definition of "dynamic pricing" to mean the discriminatory practice of offering or setting a personalized price for agood or service that is specific to a consumer based on the consumer's personal data, regardless of whether the seller collected or purchased the personal data. - Replaces "third-party food delivery service providers" with "third-party delivery service provider." - Clarifies which price-setting actions the requirements do not apply to, including but not limited to, loyalty program benefits and temorary discounts, incurred costs based on a consumer's geographical location consumers consenting to share their personal data to obtain a lower price, correcting prices resulting from a pricing error, or resetting a price after a system or network outage. - Prohibits a food retailer or third-party delivery service provider from setting a higher price for food that is exempt from the sales and use tax. - Clarifies that this measure does not authorize a private right of action. - Strikes requirement that a food retailer include clear and conspicuous disclosure stating: "This Price was Set by an Algorithm or by Using Your Personal Data."

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