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.
This act shall be known as the Fair Online Pricing Act.
This section establishes the short title of the act as the Fair Online Pricing Act. It imposes no compliance obligation.
(a) "Hardware stateHardware state"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, and age of the device.Bus. & Prof. Code § 22949.82(a)" 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, and age of the device.
(b) "Online deviceOnline device"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.Bus. & Prof. Code § 22949.82(b)" 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.
This section defines two key terms — hardware state and online device — that scope the operative provisions. Hardware state is defined broadly to include battery life, wireless connections detected, and device age. Online device covers any internet-connected or short-range-wireless device capable of reacting to interface conditions.
(a) 1 A price, surcharge, or fee displayed on a consumer's online deviceOnline device"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.Bus. & Prof. Code § 22949.82(b) shall not be generated in whole, or in part, based on any of the following input data: (1) The hardware or hardware state of the online deviceOnline device"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.Bus. & Prof. Code § 22949.82(b). (2) Software on the online deviceOnline device"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.Bus. & Prof. Code § 22949.82(b). (3) Geolocation data.
(b)–(c) 2 Subject to subdivision (c), a person shall cause to be placed adjacent to any price, surcharge, or fee displayed by the person to a consumer on the consumer's online deviceOnline device"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.Bus. & Prof. Code § 22949.82(b) a conspicuous link that meets all of the following criteria: (1) The link is clickable text that, if clicked, displays or links to a list containing any input data used to generate the price, surcharge, or fee. (2) The text of the link is in a type size that is at least 90 percent of the type size of the displayed price, surcharge, or fee. (3) The link can be used to download the list of input data or to have the list of input data sent to an email address of the consumer's choice. (c) If an online deviceOnline device"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.Bus. & Prof. Code § 22949.82(b) cannot display a link pursuant to subdivision (b) because the online deviceOnline device"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.Bus. & Prof. Code § 22949.82(b) lacks a physical display, the person shall create an alternate mechanism for providing access to the list of input data.
This section contains the bill's two core operative provisions. Subdivision (a) prohibits generating any price, surcharge, or fee displayed on a consumer's online device based, in whole or in part, on three categories of input data: the device's hardware or hardware state, software installed on the device, or geolocation data. This is a categorical ban — it does not turn on intent or knowledge.
Subdivisions (b) and (c) impose a transparency obligation: any person displaying a price on a consumer's online device must place an adjacent conspicuous link that, when clicked, discloses all input data used to generate that price. The link text must be at least 90% of the price's type size, and the consumer must be able to download the input-data list or have it emailed. An alternate mechanism is required for devices without a physical display.