AB 446 (Ward D) Surveillance pricing.

Current Text: Amended: 8/29/2025 html pdf
Last Amend: 8/29/2025
Status: 9/10/2025-Ordered to inactive file at the request of Senator McNerney.
Location: 9/10/2025-S. INACTIVE FILE
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 grocery establishment, as defined,
from engaging in surveillance pricing. The bill would define “surveillance pricing” to mean offering or
setting a customized price increase 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.