Fair Online Pricing Act.

Senator Wahab anchors the Fair Online Pricing Act, with Assembly Member Lowenthal as principal coauthor and several colleagues, to change how prices shown on a consumer’s online device are formed by limiting the use of certain device-related inputs in price setting. The bill would create a device-based pricing framework that, subject to limited exceptions, bars a price offered to a consumer through the online device from being generated in whole or in part based on specific input data, including the hardware state of the device, whether software is present on the device, and geolocation data used to infer the consumer.

Key definitions establish terms such as Coupon, Discount, Hardware state, and Online device, grounding the prohibitions in concrete concepts. The act prohibits price generation that relies on the hardware or hardware state of the online device, the presence or absence of any software on the device, and the use of geolocation data to infer consumer attributes for pricing. It provides narrow exceptions: pricing based on hardware state may be used for repairs or maintenance and for calculating a trade-in value of the device, while geolocation data may be used to price based on non-inferential purposes, including real-time demand near the consumer when the product or service is provided immediately upon request, or to reflect legitimate location-based cost differentials such as taxes or duties. Bona fide coupons or discounts that are separate from price and do not incorporate the prohibited inputs remain allowed.

Implementation and regulatory context are described as additive to existing law, with the duties of the act presented as cumulative alongside other price-related requirements. The bill does not specify an explicit effective date or appropriation, and enforcement details are not set forth in the text. The accompanying legislative findings frame cellular broadcast technology as privacy-preserving and not encompassed by geolocation for purposes of the act, providing interpretive context rather than a regulatory mechanism.

For stakeholders, the act invites businesses to audit pricing systems to identify device-based inputs that influence prices and to align practices with the allowed exceptions, particularly for repairs, maintenance, and trade-in valuations, or for non-inferential, location-based pricing tied to real-time demand or legitimate cost differentials. Consumers and privacy advocates may see reduced opportunities for device fingerprinting-driven price discrimination, while service providers and manufacturers may adjust market practices around device lifecycle data. The framework preserves traditional coupons and promotions that are not tied to the enumerated inputs, and it keeps existing price accuracy obligations in place, requiring careful coordination with current consumer protection rules.