A 4085

Summary

As amended 5/14/2026: - Prohibits business entities from using a consumer's personal data to determine or vary the price of merchandise or services. - Makes a violation of this prohibition an unlawful practice under the state's Consumer Fraud Act. - Clarifies that the act does not prohibit businesses from offering discounts, promotional prices, or loyalty program benefits. - NOTE: 5/14 amended version: - Allows businesses to offer bona fide discounts through loyalty programs, so long as consumers voluntarily opt-in to the program and all program members are offered the same price. - Replaces "personalized algorithmic pricing" with "surveillance pricing." - Includes the pricing of groceries and other foodstuffs based on data collected through electronic surveillance technology in the definition of surveillance pricing. - Prohibits an entity from changing the price of food products and groceries more than once in a 24- hour period. - Defines an "electronic shelf label" as an electronic display that presents the product and pricing information for groceries and other foodstuffs including, but not limited to, labels that are visible to the consumer only after the consumer has scanned a quick-response (QR) code, barcode, or other code.

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