In one paragraph
Kentucky's HB 33, the Kentucky Price Fairness Act (2026 session), would have amended the Kentucky Consumer Data Protection Act (KRS 367.3611 and 367.3617) to bar controllers from 'surveillance pricing', meaning customized price increases based on individualized data, and from setting or displaying a price with an automated-decision system based on such data. The base price would have had to be the same for all consumers. Exceptions: uniform real-time market adjustments, loyalty programs, and verifiable costs. Referred to committee January 13, 2026; died when the session ended.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
None: the bill died and never became law. It would have barred Kentucky data controllers from surveillance pricing and from automated-decision pricing based on individualized consumer data.
Key provisions
- Surveillance pricing: offering or setting a customized price increase for a specific consumer or group based on individualized data from electronic surveillance technology
- Controllers may not engage in surveillance pricing or set or display a price using an automated-decision system based in whole or in part on individualized data (KRS 367.3617)
- Base price (the lowest price offered to any Kentucky consumer) must be the same for all prospective consumers regardless of individualized data
- Exceptions: uniform adjustments for demand, inventory, competitor pricing or time; voluntary loyalty programs with clear disclosure; legitimate verifiable costs
- Amends the definitions and controller duties of the Kentucky Consumer Data Protection Act (KRS 367.3611, 367.3617); the bill adds no penalty provision or effective-date clause of its own
- Referred to Small Business & Information Technology (H) January 13, 2026; died at the end of the session
Latest legislative action
Jan 13, 2026. to Small Business & Information Technology (H); died when the Kentucky General Assembly's 2026 regular session ended April 15, 2026
Sponsors (showing 5 of 33)
| Name | Role |
|---|---|
| A. Gentry | Primary |
| A. Moore | Primary |
| A. Tackett Laferty | Primary |
| B. McCool | Primary |
| B. Wesley | Primary |
Topics and industries
Related topics
Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error