Bill > HB4985

This bill, titled the Surveillance-Based Price Discrimination Act, prohibits businesses from using data gathered through observation, inference, or surveillance of a consumer's actions, habits, preferences, or vulnerabilities (known as "surveillance data") within automated systems to determine the specific price offered to that individual for goods or services. An "automated decision system" is defined as any system that uses computation to assist or replace human decision-making, excluding basic computing infrastructure. The bill clarifies that this prohibition does not apply if different prices are charged based on the actual cost of providing the good or service, nor does it affect insurers complying with insurance laws who use risk-relevant data for policy costs, or entities denying credit based on consumer reports that adhere to the Fair Credit Reporting Act. The Attorney General is tasked with enforcing this Act, with violations potentially leading to civil penalties of up to $10,000 per violation, and individuals harmed by violations can pursue civil action for damages, with potential for triple damages if bad faith conduct is proven.