WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a)–(e) 7200. For purposes of this part, the following definitions apply: (a) "Discounted priceDiscounted price"Discounted price" means a price that is verifiably lower than the widely available and publicly disclosed bona fide market price.Civ. Code § 7200(a)" means a price that is verifiably lower than the widely available and publicly disclosed bona fide market price. (b) "Electronic surveillance technologyElectronic surveillance technology"Electronic surveillance technology" includes the use of technological methods, systems, or tools, including, but not limited to, sensors, cameras, device tracking, or biometric monitoring, that are capable of gathering personally identifiable information about a consumer's behavior, characteristics, location, or other personal attributes, whether in physical or digital environments.Civ. Code § 7200(b)" includes the use of technological methods, systems, or tools, including, but not limited to, sensors, cameras, device tracking, or biometric monitoring, that are capable of gathering personally identifiable informationPersonally identifiable information"Personally identifiable information" shall have the same meaning as "personal information" as defined in paragraph (1) of subdivision (v) of Section 1798.140 of the Civil Code and any regulations promulgated thereunder.Civ. Code § 7200(c) about a consumer's behavior, characteristics, location, or other personal attributes, whether in physical or digital environments. (c) "Personally identifiable informationPersonally identifiable information"Personally identifiable information" shall have the same meaning as "personal information" as defined in paragraph (1) of subdivision (v) of Section 1798.140 of the Civil Code and any regulations promulgated thereunder.Civ. Code § 7200(c)" shall have the same meaning as "personal information" as defined in paragraph (1) of subdivision (v) of Section 1798.140 of the Civil Code and any regulations promulgated thereunder. (d) "RetailerRetailer"Retailer" shall have the same meaning as that term is defined in Section 6015 of the Revenue and Taxation Code.Civ. Code § 7200(d)" shall have the same meaning as that term is defined in Section 6015 of the Revenue and Taxation Code. (e) (1) "Surveillance pricingSurveillance pricing(1) "Surveillance pricing" means offering or setting a customized price for a good for a specific consumer or group of consumers, based, in whole or in part, on personally identifiable information collected through electronic surveillance technology, including personally identifiable information collected through electronic surveillance technology that is gathered, purchased, or otherwise acquired from a third party. (2) "Surveillance pricing" does not include a discounted price offered to a consumer terminating or taking steps to terminate a service or membership with a person, but does include offering random variations in prices to different customers using a website, mobile application, or comparable online technology.Civ. Code § 7200(e)" means offering or setting a customized price for a good for a specific consumer or group of consumers, based, in whole or in part, on personally identifiable informationPersonally identifiable information"Personally identifiable information" shall have the same meaning as "personal information" as defined in paragraph (1) of subdivision (v) of Section 1798.140 of the Civil Code and any regulations promulgated thereunder.Civ. Code § 7200(c) collected through electronic surveillance technologyElectronic surveillance technology"Electronic surveillance technology" includes the use of technological methods, systems, or tools, including, but not limited to, sensors, cameras, device tracking, or biometric monitoring, that are capable of gathering personally identifiable information about a consumer's behavior, characteristics, location, or other personal attributes, whether in physical or digital environments.Civ. Code § 7200(b), including personally identifiable informationPersonally identifiable information"Personally identifiable information" shall have the same meaning as "personal information" as defined in paragraph (1) of subdivision (v) of Section 1798.140 of the Civil Code and any regulations promulgated thereunder.Civ. Code § 7200(c) collected through electronic surveillance technologyElectronic surveillance technology"Electronic surveillance technology" includes the use of technological methods, systems, or tools, including, but not limited to, sensors, cameras, device tracking, or biometric monitoring, that are capable of gathering personally identifiable information about a consumer's behavior, characteristics, location, or other personal attributes, whether in physical or digital environments.Civ. Code § 7200(b) that is gathered, purchased, or otherwise acquired from a third party. (2) "Surveillance pricingSurveillance pricing(1) "Surveillance pricing" means offering or setting a customized price for a good for a specific consumer or group of consumers, based, in whole or in part, on personally identifiable information collected through electronic surveillance technology, including personally identifiable information collected through electronic surveillance technology that is gathered, purchased, or otherwise acquired from a third party. (2) "Surveillance pricing" does not include a discounted price offered to a consumer terminating or taking steps to terminate a service or membership with a person, but does include offering random variations in prices to different customers using a website, mobile application, or comparable online technology.Civ. Code § 7200(e)" does not include a discounted priceDiscounted price"Discounted price" means a price that is verifiably lower than the widely available and publicly disclosed bona fide market price.Civ. Code § 7200(a) offered to a consumer terminating or taking steps to terminate a service or membership with a person, but does include offering random variations in prices to different customers using a website, mobile application, or comparable online technology.
Section 7200 establishes the key defined terms for the Surveillance Pricing part. The central defined term is surveillance pricing — customized pricing based on personally identifiable information collected through electronic surveillance technology. The definition is broad: it covers PII gathered directly or acquired from third parties, and it expressly includes random price variations served to different customers through websites, mobile applications, or comparable online technology. The only carve-out from the definition is a discounted price offered to a consumer who is terminating (or taking steps to terminate) a service or membership.
Electronic surveillance technology is defined expansively to include sensors, cameras, device tracking, biometric monitoring, and any technological method capable of gathering PII about consumer behavior, characteristics, location, or personal attributes in physical or digital environments. Personally identifiable information is cross-referenced to the CCPA's definition of personal information.
(a) 1 Except as provided in subdivision (b), a retailerRetailer"Retailer" shall have the same meaning as that term is defined in Section 6015 of the Revenue and Taxation Code.Civ. Code § 7200(d) shall not engage in surveillance pricingSurveillance pricing(1) "Surveillance pricing" means offering or setting a customized price for a good for a specific consumer or group of consumers, based, in whole or in part, on personally identifiable information collected through electronic surveillance technology, including personally identifiable information collected through electronic surveillance technology that is gathered, purchased, or otherwise acquired from a third party. (2) "Surveillance pricing" does not include a discounted price offered to a consumer terminating or taking steps to terminate a service or membership with a person, but does include offering random variations in prices to different customers using a website, mobile application, or comparable online technology.Civ. Code § 7200(e).
(b)(1)–(2) 1 A retailerRetailer"Retailer" shall have the same meaning as that term is defined in Section 6015 of the Revenue and Taxation Code.Civ. Code § 7200(d) does not engage in surveillance pricingSurveillance pricing(1) "Surveillance pricing" means offering or setting a customized price for a good for a specific consumer or group of consumers, based, in whole or in part, on personally identifiable information collected through electronic surveillance technology, including personally identifiable information collected through electronic surveillance technology that is gathered, purchased, or otherwise acquired from a third party. (2) "Surveillance pricing" does not include a discounted price offered to a consumer terminating or taking steps to terminate a service or membership with a person, but does include offering random variations in prices to different customers using a website, mobile application, or comparable online technology.Civ. Code § 7200(e) if either of the following apply: (1) The difference in price is based solely on costs associated with providing the good to different consumers. (2) (A) The retailerRetailer"Retailer" shall have the same meaning as that term is defined in Section 6015 of the Revenue and Taxation Code.Civ. Code § 7200(d) offers a discounted priceDiscounted price"Discounted price" means a price that is verifiably lower than the widely available and publicly disclosed bona fide market price.Civ. Code § 7200(a) that complies with the requirements of subparagraph (B) and any of the following apply: (i) A discounted priceDiscounted price"Discounted price" means a price that is verifiably lower than the widely available and publicly disclosed bona fide market price.Civ. Code § 7200(a) is offered based on publicly disclosed eligibility criteria that any consumer could potentially meet, including, but not limited to, signing up for a mailing list, providing personal information registering for promotional communications, or participating in a promotional event. The terms and criteria for receiving the discounted priceDiscounted price"Discounted price" means a price that is verifiably lower than the widely available and publicly disclosed bona fide market price.Civ. Code § 7200(a) shall be conveyed clearly and conspicuously disclosed in clear and prominent terms in such a manner that an ordinary consumer would notice and understand them. (ii) A discounted priceDiscounted price"Discounted price" means a price that is verifiably lower than the widely available and publicly disclosed bona fide market price.Civ. Code § 7200(a) is offered to members of a broadly defined group, including, but not limited to, teachers, active or retired military, senior citizens, students, or residents of a certain area based on publicly disclosed eligibility criteria. (iii) A discounted priceDiscounted price"Discounted price" means a price that is verifiably lower than the widely available and publicly disclosed bona fide market price.Civ. Code § 7200(a) is offered through a loyalty, membership, or rewards program that consumers affirmatively purchase or enroll in. (B) (i) The current eligibility criteria, available discounts, and any conditions for receiving or earning the discounted priceDiscounted price"Discounted price" means a price that is verifiably lower than the widely available and publicly disclosed bona fide market price.Civ. Code § 7200(a) shall be clearly and conspicuously disclosed on the company's internet website. (ii) The discounted priceDiscounted price"Discounted price" means a price that is verifiably lower than the widely available and publicly disclosed bona fide market price.Civ. Code § 7200(a) shall be uniformly offered or made available to all consumers who meet the disclosed eligibility criteria.
Section 7202 is the operative prohibition. Subdivision (a) flatly prohibits retailers from engaging in surveillance pricing. Subdivision (b) carves out two categories from the prohibition: (1) price differences based solely on costs of providing the good to different consumers, and (2) discounted prices offered through publicly disclosed eligibility criteria, broadly defined group memberships, or loyalty/membership/rewards programs — provided the discount criteria, available discounts, and conditions are clearly and conspicuously disclosed on the retailer's website and the discounted price is uniformly offered to all consumers meeting the disclosed criteria.
The exemptions are narrow and structured. The cost-differential exemption requires the price difference to be based solely on delivery or provision costs. The promotional-discount exemption requires both transparency (clear and conspicuous website disclosure of eligibility criteria) and uniformity (the discount must be available to all qualifying consumers). This creates an affirmative compliance burden: retailers claiming the exemption must maintain public-facing disclosure and uniform application.
(a)(1)–(3) Except as provided under subdivision (b), actions pursuant to this part may only be brought by the Attorney General, by any district attorney, by any city attorney of a city having a population in excess of 750,000, by a county counsel of any county within which a city has a population in excess of 750,000, by any city attorney of any city and county, or, with the consent of the district attorney, by a city prosecutor in any city having a full-time city prosecutor, in any court of competent jurisdiction. (1) In addition to any other remedy at law, a retailerRetailer"Retailer" shall have the same meaning as that term is defined in Section 6015 of the Revenue and Taxation Code.Civ. Code § 7200(d) that violates this part shall be liable for the following civil penalties, which shall be assessed and recovered in a civil action brought pursuant to this subdivision: (A) A civil penalty not to exceed twelve thousand five hundred dollars ($12,500) for each violation, with each violation of this part constituting a separate violation with respect to each consumer or transaction involved. (B) For a retailerRetailer"Retailer" shall have the same meaning as that term is defined in Section 6015 of the Revenue and Taxation Code.Civ. Code § 7200(d) that intentionally violates this part, a civil penalty no greater than three times the amount of the penalty assessed pursuant to subparagraph (A) and all revenues earned from the violation. (2) A prevailing plaintiff in an action brought pursuant to this subdivision shall be awarded reasonable attorney's fees and costs. (3) In addition to awarding civil penalties and other monetary relief, a court may award injunctive or declaratory relief as necessary to enforce this part and to remedy any violation of its provisions.
(b)(1)–(2) A consumer may bring an action for injunctive relief as necessary to enforce this part and to remedy any violation of its provisions. (2) A prevailing plaintiff in an action brought pursuant to this subdivision shall be awarded reasonable attorney's fees and costs.
Section 7204 establishes a bifurcated enforcement scheme. Subdivision (a) authorizes public prosecutors — the Attorney General, district attorneys, qualifying city attorneys, county counsel, and (with DA consent) city prosecutors — to bring civil actions for penalties, injunctive relief, declaratory relief, and attorney's fees. Civil penalties are up to $12,500 per violation, with each consumer or transaction constituting a separate violation. Intentional violations face treble penalties plus disgorgement of all revenues earned from the violation.
Subdivision (b) creates a limited private right of action for consumers, restricted to injunctive relief with attorney's fees and costs. Consumers cannot recover civil penalties or monetary damages directly — only equitable relief. This structure places the primary enforcement burden on public prosecutors while giving consumers standing to enjoin ongoing surveillance pricing practices.
Any waiver of this part is against public policy and is void and unenforceable.
Section 7208 is a standard anti-waiver clause declaring that any waiver of the bill's protections is against public policy and void and unenforceable. This prevents retailers from using contractual terms of service, arbitration clauses, or other agreements to extract waivers of the surveillance pricing prohibition from consumers.
The rights, remedies, and penalties established by this part are cumulative and shall not limit or diminish the rights, remedies, or penalties established under other laws, including, but not limited to, Chapter 6 (commencing with Section 12940) of Part 2.8 of Division 3 of Title 2 of the Government Code, or Section 51 or Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of this code.
Section 7209 is a savings clause establishing that the bill's rights, remedies, and penalties are cumulative with existing law. It expressly preserves enforcement under FEHA (Gov. Code § 12940 et seq.), the Unruh Civil Rights Act (Civ. Code § 51), and the CCPA/CPRA (Civ. Code § 1798.100 et seq.). This ensures that surveillance pricing violations may also be pursued under existing anti-discrimination and privacy frameworks.
The Legislature finds and declares that this act furthers the purposes and intent of the California Privacy Rights Act of 2020.
Section 2 contains a legislative finding declaring that the bill furthers the purposes and intent of the California Privacy Rights Act of 2020. This is a statement of legislative intent, not an operative provision creating compliance obligations.