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Committee defers bill aimed at banning secret "surveillance pricing"
Summary
Senate Bill 362, sponsored by Senator DuPlessis, would ban secret price discrimination based on personal data while protecting loyalty and discount programs; after broad stakeholder engagement the committee voted to defer the bill to work with industry and advocates.
Senator DuPlessis told the Senate Commerce Committee on April 22 that Senate Bill 362 seeks to limit a growing practice called "surveillance pricing," in which companies set prices based on consumers' personal data and circumstances without transparent notice.
DuPlessis said the bill does not prohibit legitimate discounts or loyalty rewards but would ban secret price discrimination based on data about an individual's vulnerabilities. Peter Robbins Brown of Louisiana Progress Action described consumer testing and social‑media examples where prices rose on repeat checks; he and others said the issue is newly prominent and several states are considering action.
Retail and industry representatives, including Shelley Dupree of the Louisiana Retailers Association and counsel for several firms, said they were working with the author on language to protect loyalty programs and avoid undue burdens on small developers. Senator Price moved to defer SB 362 so stakeholders and the author can negotiate draft language; the committee deferred the measure without objection.
DuPlessis said he expects to continue work with retailers, technology companies and consumer groups over the interim to produce a balanced approach that targets secret discrimination while preserving legitimate, transparent discounts.
