Bill > A09396

This bill, titled the "Protecting Consumers and Jobs from Discriminatory Pricing Act," aims to prevent unfair pricing practices in food and drug retail establishments by prohibiting the use of electronic shelving labels (ESLs) and other digital shelf display technologies for "surveillance pricing," which is defined as pricing set by an algorithm that uses personal data to offer different prices to different consumers for the same goods or services, excluding legitimate discounts. The bill mandates the use of non-digital price displays and prohibits the use of protected class data (information about legally protected characteristics like race, age, or gender) in setting prices. It also requires clear disclosure of dynamic pricing, which is pricing that automatically fluctuates based on algorithms, if it changes more than once in a 24-hour period. The legislation 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, and allows for enforcement by the Attorney General and local officials. Exceptions include insurers, pricing required by law, and the use of personal data for creditworthiness evaluations.