SB 1401
An Act amending the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law, further providing for definitions, for unlawful acts or practices and exclusions, for civil penalties and for private actions.
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Sign in to take action- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Bill overview
This bill amends Pennsylvania’s Unfair Trade Practices and Consumer Protection Law to specifically prohibit ‘surveillance pricing.’ Surveillance pricing is defined as using technology to analyze personal data and set customized prices for goods or services based on that data. The bill outlines exceptions to this prohibition, including situations where price differences are solely due to different costs, publicly disclosed discounts, loyalty program discounts, or when a business is an insurance company operating under regulatory guidelines. It also establishes civil penalties for violations and allows private citizens to sue for damages related to surveillance pricing.
Key provisions
- Defines ‘surveillance pricing’ as using technology to personalize prices based on consumer data.
- Lists several exceptions to the surveillance pricing prohibition.
- Establishes civil penalties of up to $3,000 per violation for unlawful surveillance pricing.
- Allows private citizens to sue for damages resulting from surveillance pricing.
- Specifies that a waiver of surveillance pricing restrictions is void and unenforceable.
- Clarifies definitions related to discounted prices and personal data.
Who is affected
- Consumers
- Businesses that collect and analyze consumer data
- Technology companies involved in data collection and analysis
- Retailers and service providers
Notable changes
- Introduces a new prohibition against ‘surveillance pricing,’ a previously unregulated practice.
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsors
Christine Tartaglione
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