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 and may be cited as the "Georgia Surveillance PricingSurveillance pricing'Surveillance pricing' means adjusting the price of an item for a particular consumer or group of consumers based, in whole or in part, on personal data, including, but not limited to, any such adjustments made using electronic surveillance technology or an electronic shelf label.O.C.G.A. § 10-1-393.22(a)(7) Act."
Section 1 designates the bill as the 'Georgia Surveillance Pricing Act.' No compliance obligation.
The General Assembly finds that: (1) It is the policy of this state to protect consumers from predatory pricing schemes in whatever iteration they appear or evolve. Advancements in algorithms, artificial intelligence, and technology have created retail environments where it is possible to set pricing for a good or service based on personal or protected data; (2) As of January 1, 2026, there are no prohibitions on companies using personal or protected data to set prices, which presents a distinct potential for companies to violate consumer privacy rights and may engage in discriminatory practices; (3) Although offering goods and services at different prices based on consumer demand is not new, there are important differences between price optimization and surveillance pricingSurveillance pricing'Surveillance pricing' means adjusting the price of an item for a particular consumer or group of consumers based, in whole or in part, on personal data, including, but not limited to, any such adjustments made using electronic surveillance technology or an electronic shelf label.O.C.G.A. § 10-1-393.22(a)(7). It is in the interest of this state and its consumers that technologies or business models which can impact consumers or competition by the monetization of a consumer's personal information be regulated by such a policy; (4) Business models in surveillance pricingSurveillance pricing'Surveillance pricing' means adjusting the price of an item for a particular consumer or group of consumers based, in whole or in part, on personal data, including, but not limited to, any such adjustments made using electronic surveillance technology or an electronic shelf label.O.C.G.A. § 10-1-393.22(a)(7) have results that will lead to the elimination of numerous jobs relied upon by the communities of this state for the livelihood of its citizens and by the state directly for economic growth. Protection of these jobs will further safeguard consumers who are part of this economic ecosystem. It will add to the growth of this state's economy and job market. By enacting rules around dynamic, personalized algorithmic, or surveillance pricingSurveillance pricing'Surveillance pricing' means adjusting the price of an item for a particular consumer or group of consumers based, in whole or in part, on personal data, including, but not limited to, any such adjustments made using electronic surveillance technology or an electronic shelf label.O.C.G.A. § 10-1-393.22(a)(7), this state can protect these jobs and promote the growth of jobs in the future; and (5) Transparency regarding the use of artificial intelligence in retail environments is necessary to ensure that automation serves as an aid to the workforce rather than a tool for displacement.
Section 2 contains legislative findings articulating the General Assembly's concern about algorithmic and AI-driven personalized pricing in retail environments and the absence of existing prohibitions on the use of personal data to set prices. The findings frame surveillance pricing as both a consumer privacy and discrimination concern and a workforce-displacement concern. No operative obligation.
(38) Failure to comply with the provisions of Code Section 10-1-393.22.
Section 3 of the bill amends the Fair Business Practices Act's enumerated list of unfair or deceptive practices to include failure to comply with the new surveillance-pricing Code section. This is the conduit by which the substantive prohibition becomes enforceable under the FBPA's existing enforcement and remedies framework.
(a) As used in this Code section, the term: (1) 'Electronic shelf labelElectronic shelf label'Electronic shelf label' means an electronic paper display or other digital price tag that presents product and pricing information.O.C.G.A. § 10-1-393.22(a)(1)' means an electronic paper display or other digital price tag that presents product and pricing information. (2) 'Electronic surveillance technologyElectronic surveillance technology'Electronic surveillance technology' means a technological method, system, or other tool used to observe, monitor, or collect personal data related to a consumer, including, but not limited to, sensors, cameras, device tracking, biometric monitoring, and facial recognition technology.O.C.G.A. § 10-1-393.22(a)(2)' means a technological method, system, or other tool used to observe, monitor, or collect personal dataPersonal data'Personal data' means, regardless of how collected, any quality, feature, attribute, behavior, trait, or other data of a consumer that identifies; could be reasonably linked to, directly or indirectly; or is capable of being associated with a specific consumer or a household of a consumer.O.C.G.A. § 10-1-393.22(a)(4) related to a consumer, including, but not limited to, sensors, cameras, device tracking, biometric monitoring, and facial recognition technology. (3) 'Essential commodityEssential commodity'Essential commodity' means milk; bread; eggs; fresh produce; meats; grains; potable water; ice; infant care items, including, but not limited to, baby formula, diapers, and infant hygiene products; medical and hygiene products, including, but not limited to, over-the-counter medications, feminine hygiene products, and soap; and other similar goods or products necessary for the sustenance of life or health.O.C.G.A. § 10-1-393.22(a)(3)' means milk; bread; eggs; fresh produce; meats; grains; potable water; ice; infant care items, including, but not limited to, baby formula, diapers, and infant hygiene products; medical and hygiene products, including, but not limited to, over-the-counter medications, feminine hygiene products, and soap; and other similar goods or products necessary for the sustenance of life or health. (4) 'Personal dataPersonal data'Personal data' means, regardless of how collected, any quality, feature, attribute, behavior, trait, or other data of a consumer that identifies; could be reasonably linked to, directly or indirectly; or is capable of being associated with a specific consumer or a household of a consumer.O.C.G.A. § 10-1-393.22(a)(4)' means, regardless of how collected, any quality, feature, attribute, behavior, trait, or other data of a consumer that identifies; could be reasonably linked to, directly or indirectly; or is capable of being associated with a specific consumer or a household of a consumer. (5) 'Protected class dataProtected class data'Protected class data' means any data about a particular consumer or group of consumers that directly, in combination, or by implication identifies a characteristic that is legally protected from discrimination under the laws of this state or federal law, including, but not limited to, ethnicity, national origin, age, disability, sex, pregnancy outcomes, and reproductive healthcare.O.C.G.A. § 10-1-393.22(a)(5)' means any data about a particular consumer or group of consumers that directly, in combination, or by implication identifies a characteristic that is legally protected from discrimination under the laws of this state or federal law, including, but not limited to, ethnicity, national origin, age, disability, sex, pregnancy outcomes, and reproductive healthcare. (6) 'Retail food establishmentRetail food establishment'Retail food establishment' means an establishment that is: (A) At least 15,000 square feet in size and sells food products directly to consumers for off-site consumption as its primary function; or (B) At least 85,000 square feet in size and dedicates at least 10 percent of its sales floor to the sale of food products directly to consumers for off-site consumption.O.C.G.A. § 10-1-393.22(a)(6)' means an establishment that is: (A) At least 15,000 square feet in size and sells food products directly to consumers for off-site consumption as its primary function; or (B) At least 85,000 square feet in size and dedicates at least 10 percent of its sales floor to the sale of food products directly to consumers for off-site consumption. (7) 'Surveillance pricingSurveillance pricing'Surveillance pricing' means adjusting the price of an item for a particular consumer or group of consumers based, in whole or in part, on personal data, including, but not limited to, any such adjustments made using electronic surveillance technology or an electronic shelf label.O.C.G.A. § 10-1-393.22(a)(7)' means adjusting the price of an item for a particular consumer or group of consumers based, in whole or in part, on personal dataPersonal data'Personal data' means, regardless of how collected, any quality, feature, attribute, behavior, trait, or other data of a consumer that identifies; could be reasonably linked to, directly or indirectly; or is capable of being associated with a specific consumer or a household of a consumer.O.C.G.A. § 10-1-393.22(a)(4), including, but not limited to, any such adjustments made using electronic surveillance technologyElectronic surveillance technology'Electronic surveillance technology' means a technological method, system, or other tool used to observe, monitor, or collect personal data related to a consumer, including, but not limited to, sensors, cameras, device tracking, biometric monitoring, and facial recognition technology.O.C.G.A. § 10-1-393.22(a)(2) or an electronic shelf labelElectronic shelf label'Electronic shelf label' means an electronic paper display or other digital price tag that presents product and pricing information.O.C.G.A. § 10-1-393.22(a)(1).
(b)(1)–(2) 1 Except as provided in paragraph (2) of this subsection, no retail food establishmentRetail food establishment'Retail food establishment' means an establishment that is: (A) At least 15,000 square feet in size and sells food products directly to consumers for off-site consumption as its primary function; or (B) At least 85,000 square feet in size and dedicates at least 10 percent of its sales floor to the sale of food products directly to consumers for off-site consumption.O.C.G.A. § 10-1-393.22(a)(6) shall engage in surveillance pricingSurveillance pricing'Surveillance pricing' means adjusting the price of an item for a particular consumer or group of consumers based, in whole or in part, on personal data, including, but not limited to, any such adjustments made using electronic surveillance technology or an electronic shelf label.O.C.G.A. § 10-1-393.22(a)(7). (2) Nothing in this subsection shall be construed to apply to any retail food establishmentRetail food establishment'Retail food establishment' means an establishment that is: (A) At least 15,000 square feet in size and sells food products directly to consumers for off-site consumption as its primary function; or (B) At least 85,000 square feet in size and dedicates at least 10 percent of its sales floor to the sale of food products directly to consumers for off-site consumption.O.C.G.A. § 10-1-393.22(a)(6) that: (A) Offers a discounted price on a good or service based on personal dataPersonal data'Personal data' means, regardless of how collected, any quality, feature, attribute, behavior, trait, or other data of a consumer that identifies; could be reasonably linked to, directly or indirectly; or is capable of being associated with a specific consumer or a household of a consumer.O.C.G.A. § 10-1-393.22(a)(4) to members of a particular group that relates to occupation, age, military service, or student status; (B) Offers a discount or reward based on personal dataPersonal data'Personal data' means, regardless of how collected, any quality, feature, attribute, behavior, trait, or other data of a consumer that identifies; could be reasonably linked to, directly or indirectly; or is capable of being associated with a specific consumer or a household of a consumer.O.C.G.A. § 10-1-393.22(a)(4) related to the consumer's purchase history or participation in a loyalty program or similar program; or (C) Uses an electronic shelf display to adjust pricing on a good or service throughout the day; provided, however, that: (i) Any adjusted price applies equally to all consumers within such retail food establishmentRetail food establishment'Retail food establishment' means an establishment that is: (A) At least 15,000 square feet in size and sells food products directly to consumers for off-site consumption as its primary function; or (B) At least 85,000 square feet in size and dedicates at least 10 percent of its sales floor to the sale of food products directly to consumers for off-site consumption.O.C.G.A. § 10-1-393.22(a)(6) and is not based, in whole or in part, on protected class dataProtected class data'Protected class data' means any data about a particular consumer or group of consumers that directly, in combination, or by implication identifies a characteristic that is legally protected from discrimination under the laws of this state or federal law, including, but not limited to, ethnicity, national origin, age, disability, sex, pregnancy outcomes, and reproductive healthcare.O.C.G.A. § 10-1-393.22(a)(5); (ii) Such retail food establishmentRetail food establishment'Retail food establishment' means an establishment that is: (A) At least 15,000 square feet in size and sells food products directly to consumers for off-site consumption as its primary function; or (B) At least 85,000 square feet in size and dedicates at least 10 percent of its sales floor to the sale of food products directly to consumers for off-site consumption.O.C.G.A. § 10-1-393.22(a)(6) shall not increase the price of an essential commodityEssential commodity'Essential commodity' means milk; bread; eggs; fresh produce; meats; grains; potable water; ice; infant care items, including, but not limited to, baby formula, diapers, and infant hygiene products; medical and hygiene products, including, but not limited to, over-the-counter medications, feminine hygiene products, and soap; and other similar goods or products necessary for the sustenance of life or health.O.C.G.A. § 10-1-393.22(a)(3) more than once during each 24 hour period; and (iii) Such retail food establishmentRetail food establishment'Retail food establishment' means an establishment that is: (A) At least 15,000 square feet in size and sells food products directly to consumers for off-site consumption as its primary function; or (B) At least 85,000 square feet in size and dedicates at least 10 percent of its sales floor to the sale of food products directly to consumers for off-site consumption.O.C.G.A. § 10-1-393.22(a)(6) provides a clear and conspicuous printed daily maximum price for each good or service which has an electronic shelf display.
(c) Any violation of subsection (b) of this Code section shall constitute an unfair or deceptive act or practice in the conduct of consumer transactions under this part and shall be subject to public enforcement by the Attorney General pursuant to Code Section 10-1-397 and enforcement by a private right of action pursuant to Code Section 10-1-399.
This is the operative section. Subsection (a) defines key terms — including 'surveillance pricing,' 'personal data,' 'protected class data,' 'electronic surveillance technology,' and 'electronic shelf label.' Subsection (b)(1) categorically prohibits retail food establishments from engaging in surveillance pricing. Subsection (b)(2) carves out three permitted practices: (A) traditional group-status discounts (occupation, age, military, student); (B) purchase-history and loyalty-program rewards; and (C) time-of-day electronic shelf-label price changes that apply equally to all consumers, are not based on protected class data, do not raise essential-commodity prices more than once per 24 hours, and are accompanied by a clear, conspicuous printed daily maximum price.
Subsection (c) routes enforcement through the Fair Business Practices Act — AG enforcement under § 10-1-397 and a private right of action under § 10-1-399.
All laws and parts of laws in conflict with this Act are repealed.
Standard repealer clause. No compliance obligation.