Surveillance pricing.

Assembly Member Ward's legislation prohibits grocery establishments from using electronic surveillance data to implement individualized price increases, while preserving traditional discount and loyalty programs. The bill defines "surveillance pricing" as customizing prices based on personally identifiable information collected through technological monitoring, including sensors, cameras, device tracking, and biometric systems.

The measure creates specific exemptions for price variations tied solely to service delivery costs, publicly advertised promotional discounts, broad demographic-based programs for groups like seniors or students, and loyalty programs that consumers actively join. Grocery establishments may still offer personalized discounts when customers knowingly provide information for that purpose, provided the terms are clearly disclosed beforehand and uniformly available to all who qualify.

Enforcement authority rests primarily with public prosecutors, including the Attorney General and district attorneys, who can pursue civil penalties up to $12,500 per violation. For intentional violations, penalties may triple and include disgorgement of related revenues. While consumers cannot seek monetary damages, they maintain the right to pursue injunctive relief, with prevailing parties eligible for attorney fees in either case. The bill specifies that these protections cannot be waived and complement existing privacy and consumer protection laws.