20250SB__025991AMD INTRODUCED 2025-02-03 AMENDED_SENATE 2025-03-24 AMENDED_SENATE 2025-04-08 AMENDED_SENATE 2025-04-24 AMENDED_ASSEMBLY 2025-06-13 AMENDED_ASSEMBLY 2025-06-19 AMENDED_ASSEMBLY 2025-07-10 AMENDED_ASSEMBLY 2025-09-05 AMENDED_ASSEMBLY 2025-09-09 2025 SB AMD Introduced by Senator Wahab (Principal coauthor: Assembly Member Lowenthal) (Coauthors: Assembly Members Connolly, Garcia, Haney, and Kalra) LEAD_AUTHOR SENATE Wahab PRINCIPAL_COAUTHOR ASSEMBLY Lowenthal COAUTHOR ASSEMBLY Connolly COAUTHOR ASSEMBLY Garcia COAUTHOR ASSEMBLY Haney COAUTHOR ASSEMBLY Kalra

An act to add

Chapter 40 (commencing with

Section 22949.82) to Division of the Business and Professions Code, relating to consumer protection. consumer protection Fair Online Pricing Act. The California Consumer Privacy Act of grants to a consumer various rights with respect to personal information, as defined, that is collected by a business, as defined, including the right to request that a business delete personal information about the consumer that the business has collected from the consumer and to direct a business that sells or shares personal information about the consumer to third parties not to sell or share the consumer’s personal information.

This bill, the Fair Online Pricing Act, would, subject to specified exceptions, prohibit a price offered to a consumer through the consumer’s online device, as defined, from being generated in whole, or in part, based on any of certain input data, including the presence or absence of any software on the online device. MAJORITY NO NO NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION 1. This act shall be known, and may be cited, as the Fair Online Pricing Act.

SEC. 2.

Chapter 40 (commencing with

Section 22949.82) is added to Division of the Business and Professions Code , to read: 40.

Device-Based Pricing 22949.82. (a) “Coupon” means any method by which a consumer receives a discount on the purchase of any item that is funded, produced, sponsored, promoted, or furnished, either directly or indirectly, by a business, including, but not limited to, a paper coupon, a digital coupon, or an instant redeemable coupon. (b) “Discount” means any reduction from the regular or advertised price offered to consumers on a temporary or conditional basis. (c) “Hardware state” means a condition or mode of existence of a system, component, or simulation, including, but not limited to, battery life, number of wireless connections detected, hardware performance characteristics, and age of the device, data that is erased when an online device is restarted or powered down, and data that is retained when an online device is restarted or powered down. (d) “Online device” means a physical object that has built-in resources that allow it to communicate through the internet or a short-range wireless technology and react to interface conditions, including, but not limited to, a laptop computer, a desktop computer, a tablet, a smartphone, or other smart hardware. 22949.82.1. (

a) A price offered to a consumer through the consumer’s online device shall not be generated in whole, or in part, based on any of the following input data: (1) (

A) The hardware or hardware state of the online device. (

B) This paragraph shall not prohibit the generation of a price offered to a consumer based on the hardware or hardware state of the online device for the following purposes: (

i) Repairs or maintenance of the online device. (ii) Calculating a trade-in value of the online device.

(2) The presence or absence of any software on the online device. (3) (

A) Geolocation data of the online device, when used to set a price based on inferences about the consumer made from this data. (

B) Subparagraph (

A) shall not prohibit the use of geolocation data of the online device and the consumer’s location to generate a price for reasons not specified in subparagraph (A), including, but not limited to, either of the following: (

i) To determine pricing based on the real-time demand for the product or service in the consumer’s vicinity, if the product or service is provided immediately upon request. (ii) To provide accurate pricing information based on price variances at different physical locations, due to legitimate cost differentials associated with providing a good or service to different consumers or state or local government taxes, duties, or other fees imposed by state or local government on the transaction. (

b) Nothing in this

chapter shall prohibit any coupon, discount, or other bona fide rebate, sale, or promotion that is separate from the price, that reduces the price of goods or services, that is issued or offered to the general public on the same terms, and does not incorporate input data as specified in subdivision (a). 22949.82.2. The duties and obligations imposed by this

chapter are cumulative with any other duties or obligations imposed under other law and shall not be construed to relieve any party from any duties or obligations imposed under other law, including, but not limited to, duties or obligations related to the accurate advertising, displaying, or offering of prices.

SEC. 3. The Legislature finds and declares that cellular broadcast technology is a critical service, especially during a state of emergency, and that this technology is inherently privacy preserving as it does not use personal data, and as a unilateral one-to-many system that does not rely on the geolocation of an individual consumer’s device, is not encompassed by the broadly understood term “geolocation” for purposes of this act.