Surveillance pricing.

New exemption allowing retailers to offer customized discounted prices to first-time website or app visitors, provided the discount is based exclusively on first-time status, available on equal terms to all first-time visitors, and not cross-referenced with other personal information.

New exemption allowing customized discounted prices based on a consumer's prior purchase history of a similar or related good, provided it is based exclusively on that purchase, available on equal terms to all consumers who recently purchased the same item, and not cross-referenced with other personal data.

New exemption allowing customized discounted prices for goods a consumer has saved on the retailer's website, provided the discount is based exclusively on the saved good, available on equal terms to all consumers with the same saved good, and not cross-referenced with other personal data.

New exemption allowing customized discounted prices to reestablish a consumer as a member of a loyalty, rewards, or subscription program, provided the discount is based exclusively on enrollment status, available on equal terms to all consumers the retailer seeks to re-enroll, and not cross-referenced with other personal data.

The list of broadly defined groups eligible for group-based customized discounted prices now explicitly includes 'veterans of the United States Armed Forces' in addition to teachers, active or retired military, senior citizens, students, and geographic residents.

New savings clause in Section 7201(c) stating that nothing in the part limits or impairs any consumer right or remedy available under any other state or federal law.

New disclosure flexibility: if a retailer offers a customized discounted price online exclusively to enrolled loyalty/membership/rewards program members who must log in to use their rewards, the retailer may provide eligibility criteria and discount information behind the account log-in page rather than on the public website.

The definition of 'customized discounted price' was revised to explicitly require that the price be based, in whole or in part, on personally identifiable information, and the word 'discounted' was removed from the term name itself.

The Vehicle Code licensed retailer exclusion was moved from an exemption in Section 7201 into the definition of 'retailer' itself, making such entities outside the bill's scope entirely rather than merely exempt from a specific prohibition.

Several former exemptions (cost-based price differences, publicly available sale prices, auction/bidding/negotiation costs) were moved from the exemption list in Section 7201 into the definition of 'surveillance pricing' as exclusions, making them part of what constitutes surveillance pricing rather than separate exceptions.

The definition of 'surveillance pricing' is restructured into two prongs: (1) a customized price based on personally identifiable information from electronic surveillance technology AND determined through AI, statistical modeling, data analytics, machine-based systems, or computational processes; and (2) random price variations to different consumers using a website, mobile app, or comparable online technology. The old single-prong definition no longer applies.

A new definition of 'sale price' is added: a price verifiably lower than market price, available to the general public on the same terms, set without personally identifiable information, and automatically applied to all relevant purchases. This creates a clear safe harbor for standard sales.

New exemptions are added for retailers setting prices or credit terms based on consumer reports under the federal Fair Credit Reporting Act, and for commercial credit reports under California law. These carve out routine credit decision-making from the surveillance pricing prohibition.

A new exemption is added for customized discounted prices offered to consumers who have left items in their online shopping cart, provided the discount is available on equal terms to all consumers with similar cart contents and the retailer does not cross-reference cart data with other personal information.

A new exemption is added for third-party promotional programs: if a customized discounted price is offered by a third party whose primary business is promotional programs, and neither the third party nor the retailer sets or directs the price, the retailer is not required to disclose it on its website.

The auto dealer exemption (Vehicle Code Section 11700 licensees who communicate total price per Section 1784.41) is moved from an exception in the operative prohibition section into the definition of 'retailer' itself, making it a definitional exclusion rather than a conduct-based exception.

The entire enforcement section (former Section 7204) is removed. This included civil penalties up to $12,500 per violation, treble penalties plus disgorgement of revenues for intentional violations, attorney's fees for prevailing plaintiffs, injunctive and declaratory relief, and the right of consumers to bring actions for injunctive relief.

The cumulative remedies provision (former Section 7209) stating that rights under this part are cumulative with other laws including the Unfair Competition Law and CCPA is removed.

The fiscal committee designation changes from 'yes' to 'no,' consistent with the removal of penalty and enforcement provisions that would have generated revenue or required state resources.

New exception: a discounted price that is publicly available and automatically applied to all relevant purchases does not constitute surveillance pricing, even if it involves personal information.

New exception for licensed vehicle dealers (under Section 11700 of the Vehicle Code) who communicate a total price in compliance with Section 1784.41, exempting them from the surveillance pricing prohibition.

The threshold for exceptions changed from 'either of the following apply' to 'any of the following apply,' reflecting the addition of more exception categories and making it easier for a retailer to qualify for an exemption.

Enforcement was simplified: the old version allowed actions by the Attorney General, any district attorney, city attorneys of cities with population over 750,000, county counsel of counties containing such cities, and city prosecutors. The new version limits enforcement to the Attorney General, a city attorney, or a county counsel, removing the population threshold and the district attorney option.

The penalty structure was streamlined: the base civil penalty remains up to $12,500 per violation, and intentional violations carry up to three times that amount plus all revenues earned from the violation. The old version had a more complex nested paragraph structure for these penalties.

The exception for retailer-offered discounts now explicitly requires that the discounted price be 'based, in whole or in part, on personally identifiable information collected through electronic surveillance technology' before the disclosure and uniformity requirements apply, narrowing when those conditions are triggered.

The definition of 'surveillance pricing' in Section 7200(e)(2) was changed from excluding random price variations offered via websites, mobile apps, or comparable online technology to including them. This means randomly varying prices shown to different digital customers is now prohibited unless it falls within a specific exception.

Section 7204(a) was restructured to expand the list of authorized enforcement actors. The old version limited penalty actions to the Attorney General, a city attorney, or a county counsel. The new version adds district attorneys, city attorneys of cities with population over 750,000, county counsels of counties containing such cities, city attorneys of any city and county, and city prosecutors (with DA consent) in cities with full-time city prosecutors.

The phrase 'Notwithstanding any other law' was removed from Section 7202(b), which means the exceptions to surveillance pricing no longer explicitly preempt or override other laws.

Assembly Member Kalra was added as a coauthor, indicating broader legislative support for the bill.

Page numbers changed from 99 to 98 throughout the bill, reflecting a one-page reduction in document length.

A drafting typo was introduced in Section 7202(b): 'a A retailer does not engage' should read 'a retailer does not engage.' No substantive policy change was intended.