Bill > S08616

This bill, titled the "Protecting Consumers and Jobs from Discriminatory Pricing Act," aims to safeguard consumers and jobs by prohibiting certain pricing practices in food and drug retail establishments. Specifically, it bans the use of electronic shelving labels (ESLs) and any digital shelf display technology for presenting prices, mandating instead a non-digital presentation of price. Furthermore, it prohibits "surveillance pricing," which is defined as pricing set by an algorithm that uses personal data to offer different prices for the same goods or services to different consumers, excluding legitimate discounts. The bill also restricts the use of "protected class data" (information about legally protected characteristics like race, gender, or religion) in setting prices if it leads to discriminatory outcomes or different prices for different groups. While dynamic pricing (prices that fluctuate automatically based on algorithms) is allowed, establishments must clearly disclose its use, frequency of changes, and the factors influencing it. The bill provides for injunctive relief and civil penalties of up to $10,000 per violation, with collected penalties going to a consumer and worker protection fund. Exceptions include insurers, pricing required by law, and the use of personal data for creditworthiness evaluations. The legislation is intended to prevent discriminatory pricing schemes that exploit consumer data and to protect jobs in the retail sector.