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Committee adopts amendments and defers bill on surveillance-based individualized pricing
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Summary
Representative Jordan presented HB 4-71 to ban secret individualized pricing based on surveillance data. The committee adopted a large amendment package narrowing the bill to third-party retailers, then deferred the measure for further stakeholder negotiations.
Representative Jordan opened discussion of House Bill 4-71 by describing "surveillance-based price discrimination" as a practice that uses personal browsing, location and device data to charge different customers different prices without their knowledge. "It punishes people sometimes for being poor," Jordan said. The sponsor said the bill would not ban discounts or promotions but would ban secret, individualized pricing that cannot be meaningfully opted out of.
The committee considered a lengthy amendment set (4,119) that removed some definitions, added clarifications, and narrowed the bill's reach to third-party retailers and specified exemptions for loyalty programs and certain need-based discounts. Peter Robbins Brown of Louisiana Progress Action summarized the amendment package and said many stakeholders had committed to continued work and to returning with refined language. Brad and others noted the issue is evolving nationally and that Colorado and other states are experimenting with models.
After adopting the amendments, Representative Jordan moved to defer the bill to allow time for continued negotiation among stakeholders and authors; the motion carried by voice vote. The sponsor said he and stakeholders plan to continue drafting over the next year and to watch other states' experiences before reintroducing a final version.
Next steps: HB 4-71 was deferred; sponsors plan further stakeholder engagement and possible refile or return in a future session.
