Bill > HB2136

This bill designates pricing practices based on surveillance data as unfair or deceptive acts or practices and unfair methods of competition in the conduct of any trade or commerce, meaning businesses in Hawaii cannot use collected consumer data to set individual prices, determine discount eligibility, impose specific fees, or steer consumers to more expensive options for the same or similar items, with exceptions for certain regulated industries like air carriers and public utilities, and for objective price differences such as taxes or shipping costs, provided that loyalty programs are transparent and do not lead to individualized pricing outside the program itself. Surveillance data is broadly defined to include online behavior, device identifiers, location signals, transaction history, and inferred traits about a consumer, and businesses are required to maintain records of their pricing models for at least four years.

Business and Industry

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=2136&year=2026