Bill > LB1078

This bill, known as the Fair Online Pricing Act, aims to prevent businesses from charging different prices to consumers based on certain data from their online devices, such as laptops, tablets, and smartphones. Specifically, it prohibits prices from being determined by the device's hardware or its "hardware state" (which refers to conditions like battery life or how much data is stored), or by the presence or absence of specific software. While the bill generally restricts using geolocation data to infer consumer characteristics for pricing, it allows its use for real-time demand pricing or to reflect legitimate cost differences like taxes or shipping expenses to different locations. The Act clarifies that it does not prohibit general discounts, coupons, or public sales that are offered equally to everyone and do not rely on the prohibited input data. Violators of the Fair Online Pricing Act can face civil penalties of up to $10,000 per violation, and the Attorney General is empowered to take legal action to enforce the law, including recovering penalties and attorney's fees. The provisions of this Act are in addition to any other existing laws regarding pricing and advertising.

Business and Industry

https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=63415