| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | Amended IN Senate March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 259Introduced by Senator WahabFebruary 03, 2025 An act to add Chapter 40 (commencing with Section 22949.82) to Division 8 of the Business and Professions Code, relating to consumer protection.LEGISLATIVE COUNSEL'S DIGESTSB 259, as amended, Wahab. Affinity-based algorithmic pricing. Fair Online Pricing Act.Existing law, theThe California Consumer Privacy Act of 2018 (CCPA), grants to a consumer various rights with respect to personal information, as defined, that is collected by a business, as defined, including the right to request that a business delete personal information about the consumer that the business has collected from the consumer. Existing law, the California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA. consumer and to direct a business that sells or shares personal information about the consumer to third parties not to sell or share the consumers personal information.Existing law, the Unruh Civil Rights Act, specifies that all persons within the jurisdiction of the state are free and equal, and no matter their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind.This bill would state the intent of the Legislature to enact legislation that would ban the practice of affinity-based algorithmic pricing, which combines personalized pricing and dynamic pricing to determine differential pricing for a targeted group of consumers based on explicit or perceived characteristics gathered from personal data, and creates opaque and discriminatory pricing structures.This bill, the Fair Online Pricing Act, would prohibit a price, surcharge, or fee displayed on a consumers online device, as defined, from being generated in whole, or in part, based on any of certain input data, including the software on the online device. The bill would require, subject to a specified exception for an online device that lacks a physical display, a person to cause to be placed adjacent to any price, surcharge, or fee displayed by the person to a consumer on the consumers online device a conspicuous link that, among other things, is clickable text that, if clicked, displays or links to a list containing any input data used to generate the price, surcharge, or fee.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. This act shall be known as the Fair Online Pricing Act.SEC. 2. Chapter 40 (commencing with Section 22949.82) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 40. Online Pricing22949.82. As used in this chapter:(a) Hardware state means a condition or mode of existence of a system, component, or simulation, including, but not limited to, battery life, number of wireless connections detected, and age of the device.(b) Online device means a physical object that has built-in resources that allow it to communicate through the internet or a short-range wireless technology and react to interface conditions, including, but not limited to, a laptop computer, a desktop computer, a tablet, a smartphone, or other smart hardware.22949.82.1. (a) A price, surcharge, or fee displayed on a consumers online device shall not be generated in whole, or in part, based on any of the following input data:(1) The hardware or hardware state of the online device.(2) Software on the online device.(3) Geolocation data.(b) Subject to subdivision (c), a person shall cause to be placed adjacent to any price, surcharge, or fee displayed by the person to a consumer on the consumers online device a conspicuous link that meets all of the following criteria:(1) The link is clickable text that, if clicked, displays or links to a list containing any input data used to generate the price, surcharge, or fee.(2) The text of the link is in a type size that is at least 90 percent of the type size of the displayed price, surcharge, or fee. (3) The link can be used to download the list of input data or to have the list of input data sent to an email address of the consumers choice.(c) If an online device cannot display a link pursuant to subdivision (b) because the online device lacks a physical display, the person shall create an alternate mechanism for providing access to the list of input data.SECTION 1.It is the intent of the Legislature to enact legislation that would ban the practice of affinity-based algorithmic pricing, which combines personalized pricing and dynamic pricing to determine differential pricing for a targeted group of consumers based on explicit or perceived characteristics gathered from personal data, and creates opaque and discriminatory pricing structures. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Senate March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 259Introduced by Senator WahabFebruary 03, 2025 An act to add Chapter 40 (commencing with Section 22949.82) to Division 8 of the Business and Professions Code, relating to consumer protection.LEGISLATIVE COUNSEL'S DIGESTSB 259, as amended, Wahab. Affinity-based algorithmic pricing. Fair Online Pricing Act.Existing law, theThe California Consumer Privacy Act of 2018 (CCPA), grants to a consumer various rights with respect to personal information, as defined, that is collected by a business, as defined, including the right to request that a business delete personal information about the consumer that the business has collected from the consumer. Existing law, the California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA. consumer and to direct a business that sells or shares personal information about the consumer to third parties not to sell or share the consumers personal information.Existing law, the Unruh Civil Rights Act, specifies that all persons within the jurisdiction of the state are free and equal, and no matter their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind.This bill would state the intent of the Legislature to enact legislation that would ban the practice of affinity-based algorithmic pricing, which combines personalized pricing and dynamic pricing to determine differential pricing for a targeted group of consumers based on explicit or perceived characteristics gathered from personal data, and creates opaque and discriminatory pricing structures.This bill, the Fair Online Pricing Act, would prohibit a price, surcharge, or fee displayed on a consumers online device, as defined, from being generated in whole, or in part, based on any of certain input data, including the software on the online device. The bill would require, subject to a specified exception for an online device that lacks a physical display, a person to cause to be placed adjacent to any price, surcharge, or fee displayed by the person to a consumer on the consumers online device a conspicuous link that, among other things, is clickable text that, if clicked, displays or links to a list containing any input data used to generate the price, surcharge, or fee.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate March 24, 2025 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate April 08, 2025 | |
| 8 | 7 | Amended IN Senate March 24, 2025 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Senate Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 259 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Senator WahabFebruary 03, 2025 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Senator Wahab | |
| 19 | 18 | February 03, 2025 | |
| 20 | 19 | ||
| 21 | 20 | An act to add Chapter 40 (commencing with Section 22949.82) to Division 8 of the Business and Professions Code, relating to consumer protection. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | - | SB 259, as amended, Wahab. Fair Online Pricing Act. | |
| 26 | + | SB 259, as amended, Wahab. Affinity-based algorithmic pricing. Fair Online Pricing Act. | |
| 28 | 27 | ||
| 29 | - | ||
| 28 | + | Existing law, theThe California Consumer Privacy Act of 2018 (CCPA), grants to a consumer various rights with respect to personal information, as defined, that is collected by a business, as defined, including the right to request that a business delete personal information about the consumer that the business has collected from the consumer. Existing law, the California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA. consumer and to direct a business that sells or shares personal information about the consumer to third parties not to sell or share the consumers personal information.Existing law, the Unruh Civil Rights Act, specifies that all persons within the jurisdiction of the state are free and equal, and no matter their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind.This bill would state the intent of the Legislature to enact legislation that would ban the practice of affinity-based algorithmic pricing, which combines personalized pricing and dynamic pricing to determine differential pricing for a targeted group of consumers based on explicit or perceived characteristics gathered from personal data, and creates opaque and discriminatory pricing structures.This bill, the Fair Online Pricing Act, would prohibit a price, surcharge, or fee displayed on a consumers online device, as defined, from being generated in whole, or in part, based on any of certain input data, including the software on the online device. The bill would require, subject to a specified exception for an online device that lacks a physical display, a person to cause to be placed adjacent to any price, surcharge, or fee displayed by the person to a consumer on the consumers online device a conspicuous link that, among other things, is clickable text that, if clicked, displays or links to a list containing any input data used to generate the price, surcharge, or fee. | |
| 30 | 29 | ||
| 31 | - | ||
| 30 | + | Existing law, the | |
| 32 | 31 | ||
| 33 | - | This bill, the Fair Online Pricing Act, would prohibit a price, surcharge, or fee displayed on a price offered to a consumer through the consumers online device, as defined, from being generated in whole, or in part, based on any of certain input data, including the presence or absence of any software on the online device. The bill would require, subject to a specified exception for an online device that lacks a physical display, exceptions, a person to cause to be placed adjacent to any price, surcharge, or fee price displayed by the person to a consumer on the consumers online device a conspicuous link that, among other things, is clickable text that, if clicked, displays or links to a list containing any input data used to generate the price, surcharge, or fee. price, and, if an online device cannot display a link because it lacks a physical display, would require the person to create an alternate mechanism for providing access to the list of input data, as specified. | |
| 32 | + | ||
| 33 | + | ||
| 34 | + | The California Consumer Privacy Act of 2018 (CCPA), grants to a consumer various rights with respect to personal information, as defined, that is collected by a business, as defined, including the right to request that a business delete personal information about the consumer that the business has collected from the consumer. Existing law, the California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA. consumer and to direct a business that sells or shares personal information about the consumer to third parties not to sell or share the consumers personal information. | |
| 35 | + | ||
| 36 | + | Existing law, the Unruh Civil Rights Act, specifies that all persons within the jurisdiction of the state are free and equal, and no matter their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind. | |
| 37 | + | ||
| 38 | + | ||
| 39 | + | ||
| 40 | + | This bill would state the intent of the Legislature to enact legislation that would ban the practice of affinity-based algorithmic pricing, which combines personalized pricing and dynamic pricing to determine differential pricing for a targeted group of consumers based on explicit or perceived characteristics gathered from personal data, and creates opaque and discriminatory pricing structures. | |
| 41 | + | ||
| 42 | + | ||
| 43 | + | ||
| 44 | + | This bill, the Fair Online Pricing Act, would prohibit a price, surcharge, or fee displayed on a consumers online device, as defined, from being generated in whole, or in part, based on any of certain input data, including the software on the online device. The bill would require, subject to a specified exception for an online device that lacks a physical display, a person to cause to be placed adjacent to any price, surcharge, or fee displayed by the person to a consumer on the consumers online device a conspicuous link that, among other things, is clickable text that, if clicked, displays or links to a list containing any input data used to generate the price, surcharge, or fee. | |
| 34 | 45 | ||
| 35 | 46 | ## Digest Key | |
| 36 | 47 | ||
| 37 | 48 | ## Bill Text | |
| 38 | 49 | ||
| 39 | - | The people of the State of California do enact as follows:SECTION 1. This act shall be known as the Fair Online Pricing Act.SEC. 2. Chapter 40 (commencing with Section 22949.82) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 40. Online | |
| 50 | + | The people of the State of California do enact as follows:SECTION 1. This act shall be known as the Fair Online Pricing Act.SEC. 2. Chapter 40 (commencing with Section 22949.82) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 40. Online Pricing22949.82. As used in this chapter:(a) Hardware state means a condition or mode of existence of a system, component, or simulation, including, but not limited to, battery life, number of wireless connections detected, and age of the device.(b) Online device means a physical object that has built-in resources that allow it to communicate through the internet or a short-range wireless technology and react to interface conditions, including, but not limited to, a laptop computer, a desktop computer, a tablet, a smartphone, or other smart hardware.22949.82.1. (a) A price, surcharge, or fee displayed on a consumers online device shall not be generated in whole, or in part, based on any of the following input data:(1) The hardware or hardware state of the online device.(2) Software on the online device.(3) Geolocation data.(b) Subject to subdivision (c), a person shall cause to be placed adjacent to any price, surcharge, or fee displayed by the person to a consumer on the consumers online device a conspicuous link that meets all of the following criteria:(1) The link is clickable text that, if clicked, displays or links to a list containing any input data used to generate the price, surcharge, or fee.(2) The text of the link is in a type size that is at least 90 percent of the type size of the displayed price, surcharge, or fee. (3) The link can be used to download the list of input data or to have the list of input data sent to an email address of the consumers choice.(c) If an online device cannot display a link pursuant to subdivision (b) because the online device lacks a physical display, the person shall create an alternate mechanism for providing access to the list of input data.SECTION 1.It is the intent of the Legislature to enact legislation that would ban the practice of affinity-based algorithmic pricing, which combines personalized pricing and dynamic pricing to determine differential pricing for a targeted group of consumers based on explicit or perceived characteristics gathered from personal data, and creates opaque and discriminatory pricing structures. | |
| 40 | 51 | ||
| 41 | 52 | The people of the State of California do enact as follows: | |
| 42 | 53 | ||
| 43 | 54 | ## The people of the State of California do enact as follows: | |
| 44 | 55 | ||
| 45 | 56 | SECTION 1. This act shall be known as the Fair Online Pricing Act. | |
| 46 | 57 | ||
| 47 | 58 | SECTION 1. This act shall be known as the Fair Online Pricing Act. | |
| 48 | 59 | ||
| 49 | 60 | SECTION 1. This act shall be known as the Fair Online Pricing Act. | |
| 50 | 61 | ||
| 51 | 62 | ### SECTION 1. | |
| 52 | 63 | ||
| 53 | - | SEC. 2. Chapter 40 (commencing with Section 22949.82) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 40. Online | |
| 64 | + | SEC. 2. Chapter 40 (commencing with Section 22949.82) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 40. Online Pricing22949.82. As used in this chapter:(a) Hardware state means a condition or mode of existence of a system, component, or simulation, including, but not limited to, battery life, number of wireless connections detected, and age of the device.(b) Online device means a physical object that has built-in resources that allow it to communicate through the internet or a short-range wireless technology and react to interface conditions, including, but not limited to, a laptop computer, a desktop computer, a tablet, a smartphone, or other smart hardware.22949.82.1. (a) A price, surcharge, or fee displayed on a consumers online device shall not be generated in whole, or in part, based on any of the following input data:(1) The hardware or hardware state of the online device.(2) Software on the online device.(3) Geolocation data.(b) Subject to subdivision (c), a person shall cause to be placed adjacent to any price, surcharge, or fee displayed by the person to a consumer on the consumers online device a conspicuous link that meets all of the following criteria:(1) The link is clickable text that, if clicked, displays or links to a list containing any input data used to generate the price, surcharge, or fee.(2) The text of the link is in a type size that is at least 90 percent of the type size of the displayed price, surcharge, or fee. (3) The link can be used to download the list of input data or to have the list of input data sent to an email address of the consumers choice.(c) If an online device cannot display a link pursuant to subdivision (b) because the online device lacks a physical display, the person shall create an alternate mechanism for providing access to the list of input data. | |
| 54 | 65 | ||
| 55 | 66 | SEC. 2. Chapter 40 (commencing with Section 22949.82) is added to Division 8 of the Business and Professions Code, to read: | |
| 56 | 67 | ||
| 57 | 68 | ### SEC. 2. | |
| 58 | 69 | ||
| 59 | - | CHAPTER 40. Online | |
| 70 | + | CHAPTER 40. Online Pricing22949.82. As used in this chapter:(a) Hardware state means a condition or mode of existence of a system, component, or simulation, including, but not limited to, battery life, number of wireless connections detected, and age of the device.(b) Online device means a physical object that has built-in resources that allow it to communicate through the internet or a short-range wireless technology and react to interface conditions, including, but not limited to, a laptop computer, a desktop computer, a tablet, a smartphone, or other smart hardware.22949.82.1. (a) A price, surcharge, or fee displayed on a consumers online device shall not be generated in whole, or in part, based on any of the following input data:(1) The hardware or hardware state of the online device.(2) Software on the online device.(3) Geolocation data.(b) Subject to subdivision (c), a person shall cause to be placed adjacent to any price, surcharge, or fee displayed by the person to a consumer on the consumers online device a conspicuous link that meets all of the following criteria:(1) The link is clickable text that, if clicked, displays or links to a list containing any input data used to generate the price, surcharge, or fee.(2) The text of the link is in a type size that is at least 90 percent of the type size of the displayed price, surcharge, or fee. (3) The link can be used to download the list of input data or to have the list of input data sent to an email address of the consumers choice.(c) If an online device cannot display a link pursuant to subdivision (b) because the online device lacks a physical display, the person shall create an alternate mechanism for providing access to the list of input data. | |
| 60 | 71 | ||
| 61 | - | CHAPTER 40. Online | |
| 72 | + | CHAPTER 40. Online Pricing22949.82. As used in this chapter:(a) Hardware state means a condition or mode of existence of a system, component, or simulation, including, but not limited to, battery life, number of wireless connections detected, and age of the device.(b) Online device means a physical object that has built-in resources that allow it to communicate through the internet or a short-range wireless technology and react to interface conditions, including, but not limited to, a laptop computer, a desktop computer, a tablet, a smartphone, or other smart hardware.22949.82.1. (a) A price, surcharge, or fee displayed on a consumers online device shall not be generated in whole, or in part, based on any of the following input data:(1) The hardware or hardware state of the online device.(2) Software on the online device.(3) Geolocation data.(b) Subject to subdivision (c), a person shall cause to be placed adjacent to any price, surcharge, or fee displayed by the person to a consumer on the consumers online device a conspicuous link that meets all of the following criteria:(1) The link is clickable text that, if clicked, displays or links to a list containing any input data used to generate the price, surcharge, or fee.(2) The text of the link is in a type size that is at least 90 percent of the type size of the displayed price, surcharge, or fee. (3) The link can be used to download the list of input data or to have the list of input data sent to an email address of the consumers choice.(c) If an online device cannot display a link pursuant to subdivision (b) because the online device lacks a physical display, the person shall create an alternate mechanism for providing access to the list of input data. | |
| 62 | 73 | ||
| 63 | - | CHAPTER 40. Online | |
| 74 | + | CHAPTER 40. Online Pricing | |
| 64 | 75 | ||
| 65 | - | CHAPTER 40. Online | |
| 76 | + | CHAPTER 40. Online Pricing | |
| 66 | 77 | ||
| 67 | - | 22949.82. As used in this chapter:(a) Hardware state means a condition or mode of existence of a system, component, or simulation, including, but not limited to, battery life, number of wireless connections detected, and age of the device. | |
| 78 | + | 22949.82. As used in this chapter:(a) Hardware state means a condition or mode of existence of a system, component, or simulation, including, but not limited to, battery life, number of wireless connections detected, and age of the device.(b) Online device means a physical object that has built-in resources that allow it to communicate through the internet or a short-range wireless technology and react to interface conditions, including, but not limited to, a laptop computer, a desktop computer, a tablet, a smartphone, or other smart hardware. | |
| 68 | 79 | ||
| 69 | 80 | ||
| 70 | 81 | ||
| 71 | 82 | 22949.82. As used in this chapter: | |
| 72 | 83 | ||
| 73 | - | (a) Hardware state means a condition or mode of existence of a system, component, or simulation, including, but not limited to, battery life, number of wireless connections detected, and age of the device. | |
| 84 | + | (a) Hardware state means a condition or mode of existence of a system, component, or simulation, including, but not limited to, battery life, number of wireless connections detected, and age of the device. | |
| 74 | 85 | ||
| 75 | - | (b) | |
| 86 | + | (b) Online device means a physical object that has built-in resources that allow it to communicate through the internet or a short-range wireless technology and react to interface conditions, including, but not limited to, a laptop computer, a desktop computer, a tablet, a smartphone, or other smart hardware. | |
| 76 | 87 | ||
| 77 | - | (b) | |
| 88 | + | 22949.82.1. (a) A price, surcharge, or fee displayed on a consumers online device shall not be generated in whole, or in part, based on any of the following input data:(1) The hardware or hardware state of the online device.(2) Software on the online device.(3) Geolocation data.(b) Subject to subdivision (c), a person shall cause to be placed adjacent to any price, surcharge, or fee displayed by the person to a consumer on the consumers online device a conspicuous link that meets all of the following criteria:(1) The link is clickable text that, if clicked, displays or links to a list containing any input data used to generate the price, surcharge, or fee.(2) The text of the link is in a type size that is at least 90 percent of the type size of the displayed price, surcharge, or fee. (3) The link can be used to download the list of input data or to have the list of input data sent to an email address of the consumers choice.(c) If an online device cannot display a link pursuant to subdivision (b) because the online device lacks a physical display, the person shall create an alternate mechanism for providing access to the list of input data. | |
| 78 | 89 | ||
| 79 | 90 | ||
| 80 | 91 | ||
| 81 | - | ( | |
| 92 | + | 22949.82.1. (a) A price, surcharge, or fee displayed on a consumers online device shall not be generated in whole, or in part, based on any of the following input data: | |
| 82 | 93 | ||
| 83 | - | ( | |
| 94 | + | (1) The hardware or hardware state of the online device. | |
| 84 | 95 | ||
| 85 | - | 22949.82.1. (a) A price, surcharge, or fee displayed on a price offered to a consumer through the consumers online device shall not be generated in whole, or in part, based on any of the following input data:(1) The hardware or hardware state of the online device.(2) Software The presence or absence of any software on the online device.(3) (A) Geolocation data. data of the online device.(B) Notwithstanding subparagraph (A), the geolocation data of the online device may be used, and the consumers location may be accounted for, to generate a price for any of the following reasons:(i) To account for the estimated distance and travel time necessary for a service provider to reach the consumer.(ii) To account for the estimated distance and travel time necessary for a service provider to transport the consumer to another location, or to transport a product to the consumer.(iii) To determine a surcharge based on the real-time demand for the product or service in the consumers vicinity, when the product or service is provided immediately upon request.(b) Subject to subdivision (c), subdivisions (c) and (d), a person shall cause to be placed adjacent to any price, surcharge, or fee price displayed by the person to a consumer on the consumers online device a conspicuous link that meets all of the following criteria:(1) The link is clickable text that, if clicked, displays or links to a list containing any input data used to generate the price, surcharge, or fee. price.(2) The text of the link is in a type size that is at least 90 percent of the type size of the displayed price, surcharge, or fee. price.(3) The link can be used to download the list of input data or to have the list of input data sent to an email address of the consumers choice.(c) (1) If an online device cannot display a link pursuant to subdivision (b) because the online device lacks a physical display, the person shall create an alternate mechanism for providing access to the list of input data.(2) Access to the list of input data specified in paragraph (1) shall be made available for no less than 14 calendar days.(d) Subdivision (b) shall not apply to a pricing offer that is made on the same terms to the general public and does not incorporate device-specific data in devising the price. | |
| 96 | + | (2) Software on the online device. | |
| 97 | + | ||
| 98 | + | (3) Geolocation data. | |
| 99 | + | ||
| 100 | + | (b) Subject to subdivision (c), a person shall cause to be placed adjacent to any price, surcharge, or fee displayed by the person to a consumer on the consumers online device a conspicuous link that meets all of the following criteria: | |
| 101 | + | ||
| 102 | + | (1) The link is clickable text that, if clicked, displays or links to a list containing any input data used to generate the price, surcharge, or fee. | |
| 103 | + | ||
| 104 | + | (2) The text of the link is in a type size that is at least 90 percent of the type size of the displayed price, surcharge, or fee. | |
| 105 | + | ||
| 106 | + | (3) The link can be used to download the list of input data or to have the list of input data sent to an email address of the consumers choice. | |
| 107 | + | ||
| 108 | + | (c) If an online device cannot display a link pursuant to subdivision (b) because the online device lacks a physical display, the person shall create an alternate mechanism for providing access to the list of input data. | |
| 86 | 109 | ||
| 87 | 110 | ||
| 88 | 111 | ||
| 89 | - | 22949.82.1. (a) A price, surcharge, or fee displayed on a price offered to a consumer through the consumers online device shall not be generated in whole, or in part, based on any of the following input data: | |
| 90 | - | ||
| 91 | - | (1) The hardware or hardware state of the online device. | |
| 92 | - | ||
| 93 | - | (2) Software The presence or absence of any software on the online device. | |
| 94 | - | ||
| 95 | - | (3) (A) Geolocation data. data of the online device. | |
| 96 | - | ||
| 97 | - | (B) Notwithstanding subparagraph (A), the geolocation data of the online device may be used, and the consumers location may be accounted for, to generate a price for any of the following reasons: | |
| 98 | - | ||
| 99 | - | (i) To account for the estimated distance and travel time necessary for a service provider to reach the consumer. | |
| 100 | - | ||
| 101 | - | (ii) To account for the estimated distance and travel time necessary for a service provider to transport the consumer to another location, or to transport a product to the consumer. | |
| 102 | - | ||
| 103 | - | (iii) To determine a surcharge based on the real-time demand for the product or service in the consumers vicinity, when the product or service is provided immediately upon request. | |
| 104 | - | ||
| 105 | - | (b) Subject to subdivision (c), subdivisions (c) and (d), a person shall cause to be placed adjacent to any price, surcharge, or fee price displayed by the person to a consumer on the consumers online device a conspicuous link that meets all of the following criteria: | |
| 106 | - | ||
| 107 | - | (1) The link is clickable text that, if clicked, displays or links to a list containing any input data used to generate the price, surcharge, or fee. price. | |
| 108 | - | ||
| 109 | - | (2) The text of the link is in a type size that is at least 90 percent of the type size of the displayed price, surcharge, or fee. price. | |
| 110 | - | ||
| 111 | - | (3) The link can be used to download the list of input data or to have the list of input data sent to an email address of the consumers choice. | |
| 112 | - | ||
| 113 | - | (c) (1) If an online device cannot display a link pursuant to subdivision (b) because the online device lacks a physical display, the person shall create an alternate mechanism for providing access to the list of input data. | |
| 114 | - | ||
| 115 | - | (2) Access to the list of input data specified in paragraph (1) shall be made available for no less than 14 calendar days. | |
| 116 | - | ||
| 117 | - | (d) Subdivision (b) shall not apply to a pricing offer that is made on the same terms to the general public and does not incorporate device-specific data in devising the price. | |
| 112 | + | It is the intent of the Legislature to enact legislation that would ban the practice of affinity-based algorithmic pricing, which combines personalized pricing and dynamic pricing to determine differential pricing for a targeted group of consumers based on explicit or perceived characteristics gathered from personal data, and creates opaque and discriminatory pricing structures. |