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)(1)–(9) A. For the purpose of this Section, the following terms have the following meanings: (1) "Automated decision systemAutomated decision system"Automated decision system" means a system, software, or process that uses computation, the result of which is used to assist or replace human decision-making, including a system, software, or process derived from machine learning, statistics, or other data processing or artificial intelligence techniques, and excludes passive computing infrastructure.R.S. 51:1430(A)(1)" means a system, software, or process that uses computation, the result of which is used to assist or replace human decision-making, including a system, software, or process derived from machine learning, statistics, or other data processing or artificial intelligence techniques, and excludes passive computing infrastructure. (2) "BehaviorsBehaviors"Behaviors" means an individual's observable, measurable, or inferred actions, habits, preferences, interests, or vulnerabilities, including the individual's political, personal, or professional affiliations, web browsing history, IP addresses used, locations frequented, purchase history, financial circumstances, consumer behaviors, or inferences associated with a group, band, class, or tier of individuals in which the individual belongs.R.S. 51:1430(A)(2)" means an individual's observable, measurable, or inferred actions, habits, preferences, interests, or vulnerabilities, including the individual's political, personal, or professional affiliations, web browsing history, IP addresses used, locations frequented, purchase history, financial circumstances, consumerConsumer"Consumer" means an individual who uses, purchases, or leases goods or services.R.S. 51:1430(A)(4) behaviorsBehaviors"Behaviors" means an individual's observable, measurable, or inferred actions, habits, preferences, interests, or vulnerabilities, including the individual's political, personal, or professional affiliations, web browsing history, IP addresses used, locations frequented, purchase history, financial circumstances, consumer behaviors, or inferences associated with a group, band, class, or tier of individuals in which the individual belongs.R.S. 51:1430(A)(2), or inferences associated with a group, band, class, or tier of individuals in which the individual belongs. (3) "BiometricsBiometrics"Biometrics" means data or information generated by the technological processing, measurement, or analysis of a consumer's biological, physical, or behavioral characteristics, which data or information can be processed for the purpose of uniquely identifying an individual, including fingerprints, voiceprints, scans or records of an eye retina or iris, facial maps, facial geometry, facial templates, genetic information, or other unique biological, physical, or behavioral patterns or characteristics.R.S. 51:1430(A)(3)" means data or information generated by the technological processing, measurement, or analysis of a consumerConsumer"Consumer" means an individual who uses, purchases, or leases goods or services.R.S. 51:1430(A)(4)'s biological, physical, or behavioral characteristics, which data or information can be processed for the purpose of uniquely identifying an individual, including fingerprints, voiceprints, scans or records of an eye retina or iris, facial maps, facial geometry, facial templates, genetic information, or other unique biological, physical, or behavioral patterns or characteristics. (4) "ConsumerConsumer"Consumer" means an individual who uses, purchases, or leases goods or services.R.S. 51:1430(A)(4)" means an individual who uses, purchases, or leases goods or services. (5) "IndividualizedIndividualized"Individualized" means specific to or inferred about an individual or group, band, class, or tier of individuals with particular personal characteristics, behaviors, or biometrics.R.S. 51:1430(A)(5)" means specific to or inferred about an individual or group, band, class, or tier of individuals with particular personal characteristicsPersonal characteristics"Personal characteristics" means individual qualities, features, attributes or traits, including immutable characteristics such as race and eye color, mutable characteristics such as address, weight, citizenship, or parenthood status, and any other personal identifying information, that could be used to uncover an individual's identity, including a social security number, full name, or phone number.R.S. 51:1430(A)(7), behaviorsBehaviors"Behaviors" means an individual's observable, measurable, or inferred actions, habits, preferences, interests, or vulnerabilities, including the individual's political, personal, or professional affiliations, web browsing history, IP addresses used, locations frequented, purchase history, financial circumstances, consumer behaviors, or inferences associated with a group, band, class, or tier of individuals in which the individual belongs.R.S. 51:1430(A)(2), or biometricsBiometrics"Biometrics" means data or information generated by the technological processing, measurement, or analysis of a consumer's biological, physical, or behavioral characteristics, which data or information can be processed for the purpose of uniquely identifying an individual, including fingerprints, voiceprints, scans or records of an eye retina or iris, facial maps, facial geometry, facial templates, genetic information, or other unique biological, physical, or behavioral patterns or characteristics.R.S. 51:1430(A)(3). (6) "InsurerInsurer"Insurer" means an insurer with a certificate of authority or license issued pursuant to provisions in R.S. 22:481 et seq.R.S. 51:1430(A)(6)" means an insurerInsurer"Insurer" means an insurer with a certificate of authority or license issued pursuant to provisions in R.S. 22:481 et seq.R.S. 51:1430(A)(6) with a certificate of authority or license issued pursuant to provisions in R.S. 22:481 et seq. (7) "Personal characteristicsPersonal characteristics"Personal characteristics" means individual qualities, features, attributes or traits, including immutable characteristics such as race and eye color, mutable characteristics such as address, weight, citizenship, or parenthood status, and any other personal identifying information, that could be used to uncover an individual's identity, including a social security number, full name, or phone number.R.S. 51:1430(A)(7)" means individual qualities, features, attributes or traits, including immutable characteristics such as race and eye color, mutable characteristics such as address, weight, citizenship, or parenthood status, and any other personal identifying information, that could be used to uncover an individual's identity, including a social security number, full name, or phone number. (8) "PricePrice"Price" means the amount charged to a consumer in relation to a transaction, including all related costs and fees and other material terms of the transaction that have a direct bearing on the amount paid by the consumer or the value of the good or service offered or provided to the consumer.R.S. 51:1430(A)(8)" means the amount charged to a consumerConsumer"Consumer" means an individual who uses, purchases, or leases goods or services.R.S. 51:1430(A)(4) in relation to a transaction, including all related costs and fees and other material terms of the transaction that have a direct bearing on the amount paid by the consumerConsumer"Consumer" means an individual who uses, purchases, or leases goods or services.R.S. 51:1430(A)(4) or the value of the good or service offered or provided to the consumerConsumer"Consumer" means an individual who uses, purchases, or leases goods or services.R.S. 51:1430(A)(4). (9) "Surveillance dataSurveillance data"Surveillance data" means data obtained through observation, inference, or surveillance of a consumer or worker that is related to personal characteristics, behaviors, or biometrics of the individual or a group, band, class, or tier in which the individual belongs, including information gathered, purchased, or otherwise acquired.R.S. 51:1430(A)(9)" means data obtained through observation, inference, or surveillance of a consumerConsumer"Consumer" means an individual who uses, purchases, or leases goods or services.R.S. 51:1430(A)(4) or worker that is related to personal characteristicsPersonal characteristics"Personal characteristics" means individual qualities, features, attributes or traits, including immutable characteristics such as race and eye color, mutable characteristics such as address, weight, citizenship, or parenthood status, and any other personal identifying information, that could be used to uncover an individual's identity, including a social security number, full name, or phone number.R.S. 51:1430(A)(7), behaviorsBehaviors"Behaviors" means an individual's observable, measurable, or inferred actions, habits, preferences, interests, or vulnerabilities, including the individual's political, personal, or professional affiliations, web browsing history, IP addresses used, locations frequented, purchase history, financial circumstances, consumer behaviors, or inferences associated with a group, band, class, or tier of individuals in which the individual belongs.R.S. 51:1430(A)(2), or biometrics of the individual or a group, band, class, or tier in which the individual belongs, including information gathered, purchased, or otherwise acquired.
Subsection A establishes nine defined terms used throughout the section. Notably, the bill defines surveillance data, personal characteristics, behaviors, biometrics, individualized, price, consumer, insurer, and automated decision system — but does not define the operative term surveillance-based price discrimination itself. The breadth of the definitions is significant: behaviors sweeps in web browsing history, IP addresses, locations, purchase history, and group-level inferences; price encompasses not just the sticker price but all costs, fees, and material terms bearing on consumer value.
(B)(1) 1 No person shall engage in surveillance-based pricePrice"Price" means the amount charged to a consumer in relation to a transaction, including all related costs and fees and other material terms of the transaction that have a direct bearing on the amount paid by the consumer or the value of the good or service offered or provided to the consumer.R.S. 51:1430(A)(8) discrimination.
(B)(2)(a)–(b)(i)–(vi) 1 A corporation or person has not engaged in surveillance-based pricePrice"Price" means the amount charged to a consumer in relation to a transaction, including all related costs and fees and other material terms of the transaction that have a direct bearing on the amount paid by the consumer or the value of the good or service offered or provided to the consumer.R.S. 51:1430(A)(8) discrimination if the person demonstrates any of the following: (a) Differential pricesPrice"Price" means the amount charged to a consumer in relation to a transaction, including all related costs and fees and other material terms of the transaction that have a direct bearing on the amount paid by the consumer or the value of the good or service offered or provided to the consumer.R.S. 51:1430(A)(8) are justified based on differences in cost in providing a good or service to different consumersConsumer"Consumer" means an individual who uses, purchases, or leases goods or services.R.S. 51:1430(A)(4). (b) Differential pricesPrice"Price" means the amount charged to a consumer in relation to a transaction, including all related costs and fees and other material terms of the transaction that have a direct bearing on the amount paid by the consumer or the value of the good or service offered or provided to the consumer.R.S. 51:1430(A)(8) reflect discounts offered to all consumersConsumer"Consumer" means an individual who uses, purchases, or leases goods or services.R.S. 51:1430(A)(4) on equal terms in a manner consistent with applicable anti-discrimination laws, where all of the following apply: (i) The terms of the discount are available and accessible to consumersConsumer"Consumer" means an individual who uses, purchases, or leases goods or services.R.S. 51:1430(A)(4) and the public. (ii) Discount reward membership uniformly to any consumerConsumer"Consumer" means an individual who uses, purchases, or leases goods or services.R.S. 51:1430(A)(4) who is a member in a particular group, including but not limited to active members of the military, veterans, teachers, students, or senior citizens. (iii) Any surveillance dataSurveillance data"Surveillance data" means data obtained through observation, inference, or surveillance of a consumer or worker that is related to personal characteristics, behaviors, or biometrics of the individual or a group, band, class, or tier in which the individual belongs, including information gathered, purchased, or otherwise acquired.R.S. 51:1430(A)(9) used solely to offer or administer a discount is not used for any other purpose, including profiling, targeted advertising, or individualizedIndividualized"Individualized" means specific to or inferred about an individual or group, band, class, or tier of individuals with particular personal characteristics, behaviors, or biometrics.R.S. 51:1430(A)(5) pricePrice"Price" means the amount charged to a consumer in relation to a transaction, including all related costs and fees and other material terms of the transaction that have a direct bearing on the amount paid by the consumer or the value of the good or service offered or provided to the consumer.R.S. 51:1430(A)(8) setting. (iv) Eligibility for the discount is based on information affirmatively and voluntarily provided by the consumerConsumer"Consumer" means an individual who uses, purchases, or leases goods or services.R.S. 51:1430(A)(4) to the person offering the discount. (v) Any loyalty program that allows a user to accrue and exchange points, credits, or any similar nonmonetary system of value for a product or service does not charge a different pricePrice"Price" means the amount charged to a consumer in relation to a transaction, including all related costs and fees and other material terms of the transaction that have a direct bearing on the amount paid by the consumer or the value of the good or service offered or provided to the consumer.R.S. 51:1430(A)(8) for those points, credits, or similar nonmonetary system of value to different consumersConsumer"Consumer" means an individual who uses, purchases, or leases goods or services.R.S. 51:1430(A)(4) for the same or substantially similar product or service. (vi) The person operates as an insurerInsurer"Insurer" means an insurer with a certificate of authority or license issued pursuant to provisions in R.S. 22:481 et seq.R.S. 51:1430(A)(6) pursuant to R.S. 22:481 et seq. and associated rules and only inputs risk-relevant data into an automated decision systemAutomated decision system"Automated decision system" means a system, software, or process that uses computation, the result of which is used to assist or replace human decision-making, including a system, software, or process derived from machine learning, statistics, or other data processing or artificial intelligence techniques, and excludes passive computing infrastructure.R.S. 51:1430(A)(1) that informs decisions related to the amount a consumerConsumer"Consumer" means an individual who uses, purchases, or leases goods or services.R.S. 51:1430(A)(4) must pay for an insurance policy or contract.
(B)(3) 1 An entity or person has not engaged in surveillance-based pricePrice"Price" means the amount charged to a consumer in relation to a transaction, including all related costs and fees and other material terms of the transaction that have a direct bearing on the amount paid by the consumer or the value of the good or service offered or provided to the consumer.R.S. 51:1430(A)(8) discrimination if the person can demonstrate that a refusal to extend credit at specific terms or the refusal to enter into a transaction with a specific consumerConsumer"Consumer" means an individual who uses, purchases, or leases goods or services.R.S. 51:1430(A)(4) is based on data provided in a consumerConsumer"Consumer" means an individual who uses, purchases, or leases goods or services.R.S. 51:1430(A)(4) report covered by Fair Credit Reporting Act, 15 U.S.C. 1681 et seq.
Subsection B contains the bill's core prohibition and its affirmative defenses. Paragraph (1) flatly prohibits any person from engaging in surveillance-based price discrimination. Paragraph (2) enumerates affirmative defenses: cost-justified pricing differentials, uniformly available discount programs that meet six cumulative conditions (public accessibility, uniform group membership, no secondary use of surveillance data, voluntary consumer-provided eligibility information, non-discriminatory loyalty-program pricing, and insurer use of risk-relevant data only), and FCRA-based credit decisions.
The discount-program safe harbor is notably strict — all six conditions in (2)(b)(i)–(vi) must be satisfied simultaneously. The insurer carve-out in (2)(b)(vi) only applies when the insurer inputs risk-relevant data into an automated decision system for insurance pricing, not for any other purpose.
(C) A violation of this Section is grounds for a private right of action according to R.S. 51:1409.
Subsection C provides the enforcement mechanism by incorporating the private right of action available under R.S. 51:1409, Louisiana's Unfair Trade Practices and Consumer Protection Law. This makes any violation of the surveillance-based price discrimination prohibition actionable by private plaintiffs under the existing LUTPA remedial framework, which includes actual damages, treble damages for knowing violations, and reasonable attorney's fees and costs.