Preventing Algorithmic Price Fixing Act: prohibition on certain price-setting algorithm uses.

Senator Wahab's Preventing Algorithmic Price Fixing Act targets the use of pricing algorithms that process confidential competitor data, prohibiting their deployment across multiple competitors within the same market. The legislation bars individuals and entities from selling, licensing, or using algorithms that utilize nonpublic information to set prices, supply levels, or rental terms when intended for use by two or more market competitors.

The bill establishes an affirmative defense pathway for those who demonstrate reasonable due diligence, including obtaining written assurances that algorithms do not process nonpublic competitor data. Enforcement authority rests with the Attorney General, district attorneys, and local government attorneys, who may pursue civil actions resulting in penalties up to $1,000 per violation. Each authorized algorithm user constitutes a separate violation, while continued unauthorized use incurs monthly violation counts.

The legislation defines key terms including "price-setting algorithm" as software or artificial intelligence systems processing nonpublic data to produce pricing or rental strategies, while explicitly exempting multiple listing services. It characterizes "competitors" as two or more entities offering similar goods, services, or rental properties to overlapping customer bases in the same market. The bill requires no state appropriations and grants courts the authority to award attorney's fees and costs to prevailing government prosecutors.