AB-446
Consumer Protection

Surveillance pricing.

Introduced
CA
2025-2026 Regular Session
1
0
0
Track

Key Takeaways

  • Prohibits retailers from using personal data collected through surveillance technology to set different prices for customers.
  • Imposes civil penalties up to small claims court limits for each item sold using surveillance-based pricing.
  • Triples penalties for intentional violations and requires companies to surrender all profits from illegal pricing.
  • Protects consumers by making it illegal to waive their rights under these pricing protection rules.
10% progression
Bill has been formally introduced and read for the first time in its house of origin (2/6/2025)
Probability of Passing
We're working on it! Check back later.

Summary

Assembly Member Ward's legislation to prohibit surveillance-based pricing practices in California responds to documented cases of retailers using customer data to set individualized prices. The bill bars businesses from adjusting prices based on personally identifiable information collected through electronic surveillance technologies, including electronic shelf labels and facial recognition systems.

The measure defines surveillance pricing as any price adjustment derived from electronically gathered personal data about consumers' characteristics, behaviors, or circumstances. This encompasses information about race, religion, residence, web browsing history, purchase patterns, and financial status. Each violation would incur civil penalties up to the small claims court jurisdictional limit, with intentional violations subject to triple damages and disgorgement of related revenues.

The bill's findings cite specific examples of surveillance pricing, including cases where retailers charged different prices based on customers' device types, ZIP codes, and proximity to store locations. According to the findings, studies indicate these practices often result in higher prices for lower-income consumers and historically disadvantaged groups. The legislation declares any attempt to waive its protections void as against public policy.

Get Involved

Act Now!

This bill was recently introduced. Email the authors to let them know what you think about it.

Introduced By

Chris Ward
Chris WardD
California State Assembly Member

Community Outlook

Overwhelmingly Positive
Positive
100%
Negative
0%

Latest Voting History

No Voting History Available
N/A
There are currently no voting records for this bill.

Key Dates

Next Step
Referred to the Assembly Standing Committee on Privacy and Consumer Protection
Next Step
Assembly Committee
Referred to the Assembly Standing Committee on Privacy and Consumer Protection
Hearing scheduled for at , State Capitol, Room 437
Read first time. To print.
Assembly Floor
Read first time. To print.
Read first time. To print.

Relevant Contacts

Profile
Jacqui IrwinD
Assembly Member
Committee Member
Not Contacted
Not Contacted
Profile
Rebecca Bauer-KahanD
Assembly Member
Committee Member
Not Contacted
Not Contacted
Profile
Cottie Petrie-NorrisD
Assembly Member
Committee Member
Not Contacted
Not Contacted
Profile
Buffy WicksD
Assembly Member
Committee Member
Not Contacted
Not Contacted
Profile
Chris WardD
Assembly Member
Bill Author
Not Contacted
Not Contacted
0 of 15 row(s) selected.
Page 1 of 3
Select All Legislators
Profile
Jacqui IrwinD
Assembly Member
Committee Member
Profile
Rebecca Bauer-KahanD
Assembly Member
Committee Member
Profile
Cottie Petrie-NorrisD
Assembly Member
Committee Member
Profile
Buffy WicksD
Assembly Member
Committee Member
Profile
Chris WardD
Assembly Member
Bill Author
Profile
Isaac BryanD
Assembly Member
Committee Member
Profile
Lori WilsonD
Assembly Member
Committee Member
Profile
Tina McKinnorD
Assembly Member
Committee Member
Profile
Diane DixonR
Assembly Member
Committee Member
Profile
Joe PattersonR
Assembly Member
Committee Member
Profile
Josh LowenthalD
Assembly Member
Committee Member
Profile
Liz OrtegaD
Assembly Member
Committee Member
Profile
Gail PellerinD
Assembly Member
Committee Member
Profile
Carl DeMaioR
Assembly Member
Committee Member
Profile
Alexandra MacedoR
Assembly Member
Committee Member

Key Takeaways

  • Prohibits retailers from using personal data collected through surveillance technology to set different prices for customers.
  • Imposes civil penalties up to small claims court limits for each item sold using surveillance-based pricing.
  • Triples penalties for intentional violations and requires companies to surrender all profits from illegal pricing.
  • Protects consumers by making it illegal to waive their rights under these pricing protection rules.

Get Involved

Act Now!

This bill was recently introduced. Email the authors to let them know what you think about it.

Introduced By

Chris Ward
Chris WardD
California State Assembly Member

Summary

Assembly Member Ward's legislation to prohibit surveillance-based pricing practices in California responds to documented cases of retailers using customer data to set individualized prices. The bill bars businesses from adjusting prices based on personally identifiable information collected through electronic surveillance technologies, including electronic shelf labels and facial recognition systems.

The measure defines surveillance pricing as any price adjustment derived from electronically gathered personal data about consumers' characteristics, behaviors, or circumstances. This encompasses information about race, religion, residence, web browsing history, purchase patterns, and financial status. Each violation would incur civil penalties up to the small claims court jurisdictional limit, with intentional violations subject to triple damages and disgorgement of related revenues.

The bill's findings cite specific examples of surveillance pricing, including cases where retailers charged different prices based on customers' device types, ZIP codes, and proximity to store locations. According to the findings, studies indicate these practices often result in higher prices for lower-income consumers and historically disadvantaged groups. The legislation declares any attempt to waive its protections void as against public policy.

10% progression
Bill has been formally introduced and read for the first time in its house of origin (2/6/2025)
Probability of Passing
We're working on it! Check back later.

Key Dates

Next Step
Referred to the Assembly Standing Committee on Privacy and Consumer Protection
Next Step
Assembly Committee
Referred to the Assembly Standing Committee on Privacy and Consumer Protection
Hearing scheduled for at , State Capitol, Room 437
Read first time. To print.
Assembly Floor
Read first time. To print.
Read first time. To print.

Community Outlook

Overwhelmingly Positive
Positive
100%
Negative
0%

Latest Voting History

No Voting History Available
N/A
There are currently no voting records for this bill.

Relevant Contacts

Profile
Jacqui IrwinD
Assembly Member
Committee Member
Not Contacted
Not Contacted
Profile
Rebecca Bauer-KahanD
Assembly Member
Committee Member
Not Contacted
Not Contacted
Profile
Cottie Petrie-NorrisD
Assembly Member
Committee Member
Not Contacted
Not Contacted
Profile
Buffy WicksD
Assembly Member
Committee Member
Not Contacted
Not Contacted
Profile
Chris WardD
Assembly Member
Bill Author
Not Contacted
Not Contacted
0 of 15 row(s) selected.
Page 1 of 3
Select All Legislators
Profile
Jacqui IrwinD
Assembly Member
Committee Member
Profile
Rebecca Bauer-KahanD
Assembly Member
Committee Member
Profile
Cottie Petrie-NorrisD
Assembly Member
Committee Member
Profile
Buffy WicksD
Assembly Member
Committee Member
Profile
Chris WardD
Assembly Member
Bill Author
Profile
Isaac BryanD
Assembly Member
Committee Member
Profile
Lori WilsonD
Assembly Member
Committee Member
Profile
Tina McKinnorD
Assembly Member
Committee Member
Profile
Diane DixonR
Assembly Member
Committee Member
Profile
Joe PattersonR
Assembly Member
Committee Member
Profile
Josh LowenthalD
Assembly Member
Committee Member
Profile
Liz OrtegaD
Assembly Member
Committee Member
Profile
Gail PellerinD
Assembly Member
Committee Member
Profile
Carl DeMaioR
Assembly Member
Committee Member
Profile
Alexandra MacedoR
Assembly Member
Committee Member