AB 446 (Ward D) Surveillance pricing.

Current Text: Amended: 7/17/2025 
Last Amend: 7/17/2025
Status: 7/17/2025-Read second time and amended. Re-referred to Com. on APPR.
Location: 7/16/2025-S. APPR.
Summary: The California Consumer Privacy Act of 2018 (CCPA) grants a consumer various rights with
respect to personal information that is collected or sold by a business, as defined, including the right 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, as specified. The California Privacy Rights Act of
2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election,
amended, added to, and reenacted the CCPA and establishes the California Privacy Protection Agency
and vests the agency with full administrative power, authority, and jurisdiction to enforce those
provisions. Current law requires a retail grocery store or grocery department within a general retail
merchandise store that uses a point-of-sale system to have a clearly readable price indicated on 85%
of the total number of packaged consumer commodities offered for sale, subject to specified
exemptions. This bill would, subject to certain exceptions, prohibit a person from engaging in
surveillance pricing. The bill would define “surveillance pricing” to mean offering or setting a customized
price for a good or service for a specific consumer or group of consumers, based, in whole or in part, on
personally identifiable information collected through electronic surveillance technology, as specified.
The bill would provide that only a public prosecutor, as specified, may bring an action against a violator
of these provisions to recover specified civil penalties, injunctive relief, and reasonable attorney’s fees
and costs, and would authorize a consumer to bring an action for injunctive relief and reasonable
attorney’s fees and costs.