Surveillance pricing.

Assembly Member Ward's legislation prohibits businesses from using electronic surveillance data 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 exemptions for legitimate pricing variations, including cost-based differences, publicly advertised promotions, and loyalty programs that consumers actively join. Businesses may still offer discounts to broad categories like seniors or veterans, provided the eligibility criteria are clearly disclosed beforehand. The bill requires that any consumer data collected for permitted discount programs cannot be repurposed for profiling, targeted advertising, or individualized pricing.

Violations carry civil penalties up to $12,500 per incident, with penalties tripling for intentional violations. Courts may also order violators to surrender profits gained through prohibited practices and grant injunctive relief. The bill declares that its protections cannot be waived through contracts and operates alongside existing privacy and consumer protection laws, including the California Consumer Privacy Act and Privacy Rights Act.