Bill > HB3959

This bill, known as the "Protecting Consumers and Jobs from Predatory Pricing Act," aims to regulate how food retailers use technology to set prices, particularly for consumers. It defines key terms like "algorithm" (a set of rules for computation, including AI), "consumer data" (information linked to a person or device, excluding location), and "personalized algorithmic pricing" (dynamic pricing based on consumer data). The act mandates that food retailers using personalized algorithmic pricing with specific consumer data must clearly disclose this to shoppers, stating "THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA." For larger food retail establishments (over 15,000 square feet), the bill prohibits the use of electronic shelving labels (ESLs), which are digital displays for pricing, and requires traditional non-digital price displays, though it allows for existing loyalty programs and discounts. It also explicitly bans the use of ESLs for personalized algorithmic or "surveillance pricing" (pricing based on data gathered through electronic monitoring). Furthermore, the bill makes it unlawful for food retailers to engage in personalized algorithmic pricing or surveillance pricing altogether, prohibits collecting data from minors (under 17) for targeted advertising or personalized pricing, and prevents the use of "protected class data" (information about legally protected characteristics like ethnicity or age) in setting prices if it leads to discriminatory outcomes or different prices for individuals or groups. The act includes exemptions for financial services and insurance, grants the Attorney General enforcement powers with the ability to seek injunctions and impose civil penalties of up to $7,500 per violation, and establishes a private right of action for individuals harmed by violations, with an effective date of November 1, 2026.

Business and Industry

http://www.oklegislature.gov/BillInfo.aspx?Bill=hb3959&Session=2600