The proposed "Surveillance-Based Price Discrimination Act" aims to prohibit price discrimination based on surveillance data, which is defined as data obtained through observation or inference related to a consumer's personal information. The bill establishes that no person shall engage in surveillance-based price discrimination, although exceptions exist if differential pricing can be justified by cost differences, equal discounts offered to all consumers, or if the person operates as an insurer. Additionally, the use of de-identified data is permitted under strict conditions to ensure it cannot be linked back to individuals.
The act empowers the Attorney General to create rules for enforcement and outlines civil remedies for violations, categorizing them as unfair or deceptive trade practices. It allows for civil actions to be brought by the Attorney General or district attorneys, with penalties of up to $10,000 per violation. Individuals harmed by violations can also pursue private rights of action, seeking damages, costs, and attorney fees, with specific provisions for calculating damages based on actual losses or statutory amounts.