Surveillance pricing.

Assembly Member Ward's legislation prohibits businesses from using personal data collected through electronic surveillance to set customized prices for individual consumers or groups. The bill defines "surveillance pricing" as pricing decisions based on information gathered through sensors, cameras, device tracking, or biometric monitoring in physical or digital environments.

The measure creates specific exceptions where price differentiation remains permissible, including cost-based variations, publicly advertised promotions, broad group discounts for categories like teachers or seniors, and voluntary loyalty programs. Businesses may also offer discounts when consumers knowingly provide personal information for that explicit purpose, provided the terms are clearly disclosed. Insurance institutions operating under existing regulations are exempt from these restrictions.

Enforcement authority rests primarily with the Attorney General and local prosecutors, who can pursue civil penalties up to $12,500 per violation, with treble damages for intentional violations. The law allows consumers to seek injunctive relief and attorney's fees but not monetary damages. Any collected personal information must be used solely for administering permitted discounts rather than profiling or targeted advertising. The measure declares these protections cannot be waived and supplements existing privacy and consumer protection laws.