Bill > HB1439

This bill, known as the "Georgia Surveillance Pricing Act," aims to protect consumers by prohibiting "surveillance pricing" in large retail food establishments, defined as those over 15,000 square feet selling food as their primary function or over 85,000 square feet dedicating at least 10% of their sales floor to food. Surveillance pricing is defined as adjusting prices for a specific consumer or group based on their personal data, which can be collected through "electronic surveillance technology" like cameras or device tracking. The bill makes this practice an unfair or deceptive business practice under Georgia's Fair Business Practices Act of 1975, allowing for enforcement by the Attorney General and private lawsuits. However, exceptions exist for discounts offered based on occupation, age, military service, student status, or a consumer's purchase history or loyalty program participation. Additionally, while electronic shelf labels can be used to adjust prices throughout the day, these adjusted prices must apply equally to all customers, not be based on protected characteristics like ethnicity or age, and for "essential commodities" (like milk, bread, and baby formula), prices can only be increased once every 24 hours, with a clear daily maximum price displayed. The legislature found this act necessary to prevent potential privacy violations, discriminatory practices, and job displacement caused by personalized pricing models.