SB 991

Summary

As introduced: - Prohibits online businesses from using personalized algorithmic pricing based on a consumer's device hardware or software, inferences from their geolocation data, or their protected class status. - Defines "dynamic pricing" as pricing that fluctuates depending on conditions where models retrain or recalibrate on information in near real time. - Excludes pricing offers, loyalty program benefits, or other temporary discounts or changes to prices related to the retention of existing customers from the definition of dynamic pricing. - Defines "personalized algorithmic pricing" as dynamic pricing derived from or set by an algorithm that uses consumer data that varies among consumers or consumer populations. - Maintains the ability to use geolocation data of the online device and the consumer's location to determine pricing based on the real-time demand for the good or service in the consumer's vicinity and to provide accurate pricing information based on legitimate cost differentials such as taxes, duties, or other fees associated with providing a good or service. - Exempts licensed and regulated insurers from this prohibition. - Classifies a violation of these provisions as an unlawful practice under the Michigan Consumer Protection Act.

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