Vote Smart's Synopsis:

Vote to pass a bill that prohibits retailers from setting individualized prices based on consumers' personal data in California.

Highlights:

• Prohibits retailers from engaging in “surveillance pricing,” defined as offering or setting a customized price for a good based on personally identifiable information collected through electronic surveillance technology, including information acquired from third parties (Sec. 1). 

• Exempts the following pricing practices from the prohibition (Sec. 1). 

• Price differences based solely on costs associated with delivering goods to different consumers; 

• Discounted prices publicly available and automatically applied to all relevant purchases; 

• Discounts offered through loyalty, membership, or rewards programs that consumers affirmatively enroll in, provided eligibility criteria are clearly disclosed and the discount is uniformly available to all qualifying consumers; and 

• Licensed vehicle dealers communicating a total price in compliance with existing law. 

• Authorizes the Attorney General, city attorneys and county counsel to bring civil actions for violations (Sec. 1).

• Establishes civil penalties of up to $12,500 per violation and up to 3 times that amount for international violations, plus disgorgement of revenues earned from the violation (Sec. 1). 

• Authorizes consumers to bring civil actions for injunctive relief and awards reasonable attorney fees and costs to prevailing plaintiffs (Sec. 1).

Full Bill Text