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AI Summary
This bill prohibits surveillance pricing based on electronic surveillance data and deems it an unfair practice, with certain exemptions.
Business Impact
If you use electronic surveillance technology for pricing, you must ensure compliance with this bill or face penalties for unfair practices.
What do these statuses mean? ▼
Introduced
— Filed in the legislature; not yet heard in committee
In Committee
— Assigned to and being reviewed by a legislative committee
Passed
— Approved by one or both chambers; awaiting further action
Signed / Enacted
— Signed into law by the governor; may or may not be in effect yet
Dead / Vetoed
— Vetoed, failed to pass, or session expired without action
Unknown
— Status data not yet available or awaiting classification
Affected Industries
Topics How we classify →
What This Means
Senate Bill 2036 aims to protect consumers by prohibiting surveillance pricing, which is defined as setting prices based on data collected through electronic surveillance. Businesses must navigate specific exemptions to avoid penalties for unfair practices. This legislation reflects growing concerns over privacy and data usage in pricing strategies.
Key Provisions
- Prohibits surveillance pricing based on electronic surveillance data.
- Defines exemptions for differential pricing based on costs or public eligibility criteria.
- Deems violations as unfair and deceptive practices under existing laws.
- Specifies that data collected must not be used for profiling or targeted advertising.
- Defines 'electronic surveillance technology' broadly to include various data collection methods.
- Clarifies that the bill does not retroactively affect rights or duties before its effective date.
Latest Legislative Action
The committee on LBT deferred the measure.
Bill Sponsors (showing 5 of 7)
| Name | Role | District |
|---|---|---|
| Carol Fukunaga D | Sponsor | SD-011 |
| Dru Kanuha D | Sponsor | SD-003 |
| Jarrett Keohokalole D | Sponsor | SD-024 |
| Joy San Buenaventura D | Sponsor | SD-002 |
| Michelle Kidani D | Sponsor | SD-018 |
Compliance Checklist
Ensure pricing strategies do not rely on surveillance data.
Who: Businesses using electronic surveillance technology.
Penalty: Deemed as engaging in unfair and deceptive practices.
Who: Businesses using electronic surveillance technology.
Penalty: Deemed as engaging in unfair and deceptive practices.
Review and adjust pricing models to align with exemptions outlined in the bill.
Who: Businesses affected by the pricing regulations.
Penalty: Potential penalties for non-compliance.
Who: Businesses affected by the pricing regulations.
Penalty: Potential penalties for non-compliance.
Full Legal Analysis
Senate Bill 2036 introduces a prohibition on surveillance pricing, which is defined as offering customized prices for goods or services based on information collected through electronic surveillance technology. The bill outlines specific exemptions where differential pricing is permissible, such as cost-based pricing or discounts based on publicly disclosed eligibility criteria. Businesses that utilize electronic surveillance technology must ensure that their pricing strategies comply with this new regulation to avoid being deemed as engaging in unfair and deceptive practices. Violations of this bill will be treated as unfair practices under existing consumer protection laws, potentially leading to penalties. The bill's definitions of 'consumer' and 'electronic surveillance technology' are critical for understanding its scope and implications for various industries.
Official Source
Official Bill Text
View SB2036 on official legislature website →
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