1–11 As used in this act: 1. "AlgorithmAlgorithm"Algorithm" means a computational process that uses a set of rules to define a sequence of operations including but not limited to artificial intelligence (AI) systems and facial recognition software;75A O.S. § 501(1)" means a computational process that uses a set of rules to define a sequence of operations including but not limited to artificial intelligence (AI) systems and facial recognition software; 2. "Clear and conspicuous disclosureClear and conspicuous disclosure"Clear and conspicuous disclosure" means disclosure in the same medium as, and provided on, at, or near and contemporaneous with every advertisement, display, image, offer, or announcement of a price for which notice is required, using lettering and working that is easily visible and understandable to the average consumer;75A O.S. § 501(2)" means disclosure in the same medium as, and provided on, at, or near and contemporaneous with every advertisement, display, image, offer, or announcement of a price for which notice is required, using lettering and working that is easily visible and understandable to the average consumerConsumer"Consumer" means a natural person who is seeking or solicited to purchase, lease, or receive a good or service not for resale in the ordinary course of the natural person's trade or business, but for personal, family, or household use;75A O.S. § 501(3); 3. "ConsumerConsumer"Consumer" means a natural person who is seeking or solicited to purchase, lease, or receive a good or service not for resale in the ordinary course of the natural person's trade or business, but for personal, family, or household use;75A O.S. § 501(3)" means a natural personPerson"Person" means any human being or individual;75A O.S. § 501(10) who is seeking or solicited to purchase, lease, or receive a good or service not for resale in the ordinary course of the natural personPerson"Person" means any human being or individual;75A O.S. § 501(10)'s trade or business, but for personal, family, or household use; 4. "Consumer dataConsumer data"Consumer data" means any data that identifies or could reasonably be linked, directly or indirectly, with a specific natural person or device, excluding location data;75A O.S. § 501(4)" means any data that identifies or could reasonably be linked, directly or indirectly, with a specific natural personPerson"Person" means any human being or individual;75A O.S. § 501(10) or device, excluding location data; 5. "Dynamic and surveillance pricingDynamic and surveillance pricing"Dynamic and surveillance pricing" means pricing that fluctuates dependent on conditions where algorithmic or AI models retrain or recalibrate on information in near real time, excluding promotional pricing offers, loyalty program benefits or other temporary discounts or changes to pricing related to retention of existing customers;75A O.S. § 501(5)" means pricing that fluctuates dependent on conditions where algorithmic or AI models retrain or recalibrate on information in near real time, excluding promotional pricing offers, loyalty program benefits or other temporary discounts or changes to pricing related to retention of existing customers; 6. "Electronic shelving labelsElectronic shelving labels"Electronic shelving labels" (ESLs) means electronic and wireless paper (E-paper) displays that present product and pricing information;75A O.S. § 501(6)" (ESLs) means electronic and wireless paper (E-paper) displays that present product and pricing information; 7. "Food Retail EstablishmentFood Retail Establishment"Food Retail Establishment" means a retail store that is either: a. over fifteen thousand (15,000) square feet in size and sells primarily household foodstuff for offsite including fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and prepared foods, other household supplies or products are secondary to the primary purpose of food sales; or b. over eighty-five thousand (85,000) square feet and with ten percent (10%) of their sales floor area dedicated to the sale of nontaxable merchandise including the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and prepared foods.75A O.S. § 501(7)" means a retail store that is either: a. over fifteen thousand (15,000) square feet in size and sells primarily household foodstuff for offsite including fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and prepared foods, other household supplies or products are secondary to the primary purpose of food sales; or b. over eighty-five thousand (85,000) square feet and with ten percent (10%) of their sales floor area dedicated to the sale of nontaxable merchandise including the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and prepared foods. "Surveillance pricingSurveillance pricing"Surveillance pricing" means offering or setting a customized price for a good or service for a specific consumer or group of consumers, based, in whole or in part, on covered information collected through electronic surveillance technology. Surveillance pricing includes the use of technological methods, systems, or tools, including, but not limited to, sensors, cameras, device tracking, biometric monitoring, or other forms of observation or data collection, that are capable of gathering covered information about a consumer's behavior, characteristics, location, or other personal attributes, whether in physical or digital environments;75A O.S. § 501(7)" means offering or setting a customized price for a good or service for a specific consumerConsumer"Consumer" means a natural person who is seeking or solicited to purchase, lease, or receive a good or service not for resale in the ordinary course of the natural person's trade or business, but for personal, family, or household use;75A O.S. § 501(3) or group of consumersConsumer"Consumer" means a natural person who is seeking or solicited to purchase, lease, or receive a good or service not for resale in the ordinary course of the natural person's trade or business, but for personal, family, or household use;75A O.S. § 501(3), based, in whole or in part, on covered information collected through electronic surveillance technology. Surveillance pricingSurveillance pricing"Surveillance pricing" means offering or setting a customized price for a good or service for a specific consumer or group of consumers, based, in whole or in part, on covered information collected through electronic surveillance technology. Surveillance pricing includes the use of technological methods, systems, or tools, including, but not limited to, sensors, cameras, device tracking, biometric monitoring, or other forms of observation or data collection, that are capable of gathering covered information about a consumer's behavior, characteristics, location, or other personal attributes, whether in physical or digital environments;75A O.S. § 501(7) includes the use of technological methods, systems, or tools, including, but not limited to, sensors, cameras, device tracking, biometric monitoring, or other forms of observation or data collection, that are capable of gathering covered information about a consumerConsumer"Consumer" means a natural person who is seeking or solicited to purchase, lease, or receive a good or service not for resale in the ordinary course of the natural person's trade or business, but for personal, family, or household use;75A O.S. § 501(3)'s behavior, characteristics, location, or other personal attributes, whether in physical or digital environments; 8. "Non-digital presentation of priceNon-digital presentation of price"Non-digital presentation of price" means: a. a sign which offers the unit price for one or more brands or sizes of a given commodity, b. a sticker, stamp, sign, label, or tag, affixed to the shelf upon which the commodity is displayed, and c. a sticker, stamp, sign, label, or tag, affixed to the consumer commodity itself. If a single sign or tag does not provide the unit price information for more than one brand or size of a given commodity, then the following information shall be provided: (1) the identity, (2) the brand name, (3) the quantity of the packaged commodity if more than one package size per brand is displayed, (4) the total sale price, and (5) the price per appropriate unit. Where a sign providing unit price information for one or more sizes or brands of a given commodity is used, the sign shall be located centrally as close as practical to all items to which the sign refers, and the unit price information displayed thereon shall be presented in a clear, distinct, and nondeceptive manner;75A O.S. § 501(8)" means: a. a sign which offers the unit price for one or more brands or sizes of a given commodity, b. a sticker, stamp, sign, label, or tag, affixed to the shelf upon which the commodity is displayed, and c. a sticker, stamp, sign, label, or tag, affixed to the consumerConsumer"Consumer" means a natural person who is seeking or solicited to purchase, lease, or receive a good or service not for resale in the ordinary course of the natural person's trade or business, but for personal, family, or household use;75A O.S. § 501(3) commodity itself. If a single sign or tag does not provide the unit price information for more than one brand or size of a given commodity, then the following information shall be provided: (1) the identity, (2) the brand name, (3) the quantity of the packaged commodity if more than one package size per brand is displayed, (4) the total sale price, and (5) the price per appropriate unit. Where a sign providing unit price information for one or more sizes or brands of a given commodity is used, the sign shall be located centrally as close as practical to all items to which the sign refers, and the unit price information displayed thereon shall be presented in a clear, distinct, and nondeceptive manner; 9. "Personalized algorithmic pricingPersonalized algorithmic pricing"Personalized algorithmic pricing" means dynamic pricing and surveillance pricing derived from or set by an algorithm that uses consumer data which may vary among consumers or groups of consumers;75A O.S. § 501(9)" means dynamic pricing and surveillance pricingSurveillance pricing"Surveillance pricing" means offering or setting a customized price for a good or service for a specific consumer or group of consumers, based, in whole or in part, on covered information collected through electronic surveillance technology. Surveillance pricing includes the use of technological methods, systems, or tools, including, but not limited to, sensors, cameras, device tracking, biometric monitoring, or other forms of observation or data collection, that are capable of gathering covered information about a consumer's behavior, characteristics, location, or other personal attributes, whether in physical or digital environments;75A O.S. § 501(7) derived from or set by an algorithmAlgorithm"Algorithm" means a computational process that uses a set of rules to define a sequence of operations including but not limited to artificial intelligence (AI) systems and facial recognition software;75A O.S. § 501(1) that uses consumer dataConsumer data"Consumer data" means any data that identifies or could reasonably be linked, directly or indirectly, with a specific natural person or device, excluding location data;75A O.S. § 501(4) which may vary among consumersConsumer"Consumer" means a natural person who is seeking or solicited to purchase, lease, or receive a good or service not for resale in the ordinary course of the natural person's trade or business, but for personal, family, or household use;75A O.S. § 501(3) or groups of consumersConsumer"Consumer" means a natural person who is seeking or solicited to purchase, lease, or receive a good or service not for resale in the ordinary course of the natural person's trade or business, but for personal, family, or household use;75A O.S. § 501(3); 10. "PersonPerson"Person" means any human being or individual;75A O.S. § 501(10)" means any human being or individual; 11. "Protected class dataProtected class data"Protected class data" means information about an individual person or groups of people that directly, in combination, or by implication identifies a characteristic that is legally protected from discrimination under the laws of this state or under federal law, including but not limited to ethnicity, national origin, age, disability, sex, sexual orientation, gender identity and expression, pregnancy outcomes and reproductive health care.75A O.S. § 501(11)" means information about an individual personPerson"Person" means any human being or individual;75A O.S. § 501(10) or groups of people that directly, in combination, or by implication identifies a characteristic that is legally protected from discrimination under the laws of this state or under federal law, including but not limited to ethnicity, national origin, age, disability, sex, sexual orientation, gender identity and expression, pregnancy outcomes and reproductive health care.

(A) 1 Any food retail establishmentFood Retail Establishment"Food Retail Establishment" means a retail store that is either: a. over fifteen thousand (15,000) square feet in size and sells primarily household foodstuff for offsite including fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and prepared foods, other household supplies or products are secondary to the primary purpose of food sales; or b. over eighty-five thousand (85,000) square feet and with ten percent (10%) of their sales floor area dedicated to the sale of nontaxable merchandise including the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and prepared foods.75A O.S. § 501(7) who knowingly advertises, promotes, labels, or publishes a statement, display, image, offer, or announcement that uses personalized algorithmic pricingPersonalized algorithmic pricing"Personalized algorithmic pricing" means dynamic pricing and surveillance pricing derived from or set by an algorithm that uses consumer data which may vary among consumers or groups of consumers;75A O.S. § 501(9) using consumer dataConsumer data"Consumer data" means any data that identifies or could reasonably be linked, directly or indirectly, with a specific natural person or device, excluding location data;75A O.S. § 501(4) specific to a particular consumerConsumer"Consumer" means a natural person who is seeking or solicited to purchase, lease, or receive a good or service not for resale in the ordinary course of the natural person's trade or business, but for personal, family, or household use;75A O.S. § 501(3) is required to provide a clear and conspicuous disclosureClear and conspicuous disclosure"Clear and conspicuous disclosure" means disclosure in the same medium as, and provided on, at, or near and contemporaneous with every advertisement, display, image, offer, or announcement of a price for which notice is required, using lettering and working that is easily visible and understandable to the average consumer;75A O.S. § 501(2) to consumersConsumer"Consumer" means a natural person who is seeking or solicited to purchase, lease, or receive a good or service not for resale in the ordinary course of the natural person's trade or business, but for personal, family, or household use;75A O.S. § 501(3) that "THIS PRICE WAS SET BY AN ALGORITHMAlgorithm"Algorithm" means a computational process that uses a set of rules to define a sequence of operations including but not limited to artificial intelligence (AI) systems and facial recognition software;75A O.S. § 501(1) USING YOUR PERSONAL DATA".

(B) 2 In food retail establishmentsFood Retail Establishment"Food Retail Establishment" means a retail store that is either: a. over fifteen thousand (15,000) square feet in size and sells primarily household foodstuff for offsite including fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and prepared foods, other household supplies or products are secondary to the primary purpose of food sales; or b. over eighty-five thousand (85,000) square feet and with ten percent (10%) of their sales floor area dedicated to the sale of nontaxable merchandise including the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and prepared foods.75A O.S. § 501(7) larger than fifteen thousand (15,000) square feet the use of ESLs or any digital shelf display technology shall be prohibited and a non-digital presentation of priceNon-digital presentation of price"Non-digital presentation of price" means: a. a sign which offers the unit price for one or more brands or sizes of a given commodity, b. a sticker, stamp, sign, label, or tag, affixed to the shelf upon which the commodity is displayed, and c. a sticker, stamp, sign, label, or tag, affixed to the consumer commodity itself. If a single sign or tag does not provide the unit price information for more than one brand or size of a given commodity, then the following information shall be provided: (1) the identity, (2) the brand name, (3) the quantity of the packaged commodity if more than one package size per brand is displayed, (4) the total sale price, and (5) the price per appropriate unit. Where a sign providing unit price information for one or more sizes or brands of a given commodity is used, the sign shall be located centrally as close as practical to all items to which the sign refers, and the unit price information displayed thereon shall be presented in a clear, distinct, and nondeceptive manner;75A O.S. § 501(8) shall be used. This prohibition does not limit any food retail establishmentFood Retail Establishment"Food Retail Establishment" means a retail store that is either: a. over fifteen thousand (15,000) square feet in size and sells primarily household foodstuff for offsite including fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and prepared foods, other household supplies or products are secondary to the primary purpose of food sales; or b. over eighty-five thousand (85,000) square feet and with ten percent (10%) of their sales floor area dedicated to the sale of nontaxable merchandise including the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and prepared foods.75A O.S. § 501(7) and any business to provide consumersConsumer"Consumer" means a natural person who is seeking or solicited to purchase, lease, or receive a good or service not for resale in the ordinary course of the natural person's trade or business, but for personal, family, or household use;75A O.S. § 501(3), based on previous purchase history, a discount, promotional price, or loyalty program benefit.

(C) 3 The use of ESLs or any digital shelf display technology to display personalized algorithmic pricingPersonalized algorithmic pricing"Personalized algorithmic pricing" means dynamic pricing and surveillance pricing derived from or set by an algorithm that uses consumer data which may vary among consumers or groups of consumers;75A O.S. § 501(9) or surveillance pricingSurveillance pricing"Surveillance pricing" means offering or setting a customized price for a good or service for a specific consumer or group of consumers, based, in whole or in part, on covered information collected through electronic surveillance technology. Surveillance pricing includes the use of technological methods, systems, or tools, including, but not limited to, sensors, cameras, device tracking, biometric monitoring, or other forms of observation or data collection, that are capable of gathering covered information about a consumer's behavior, characteristics, location, or other personal attributes, whether in physical or digital environments;75A O.S. § 501(7) is prohibited.

(D) 4 It is unlawful, for any reason, for any food retail establishmentFood Retail Establishment"Food Retail Establishment" means a retail store that is either: a. over fifteen thousand (15,000) square feet in size and sells primarily household foodstuff for offsite including fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and prepared foods, other household supplies or products are secondary to the primary purpose of food sales; or b. over eighty-five thousand (85,000) square feet and with ten percent (10%) of their sales floor area dedicated to the sale of nontaxable merchandise including the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and prepared foods.75A O.S. § 501(7) to engage in personalized algorithmic pricingPersonalized algorithmic pricing"Personalized algorithmic pricing" means dynamic pricing and surveillance pricing derived from or set by an algorithm that uses consumer data which may vary among consumers or groups of consumers;75A O.S. § 501(9) or surveillance pricingSurveillance pricing"Surveillance pricing" means offering or setting a customized price for a good or service for a specific consumer or group of consumers, based, in whole or in part, on covered information collected through electronic surveillance technology. Surveillance pricing includes the use of technological methods, systems, or tools, including, but not limited to, sensors, cameras, device tracking, biometric monitoring, or other forms of observation or data collection, that are capable of gathering covered information about a consumer's behavior, characteristics, location, or other personal attributes, whether in physical or digital environments;75A O.S. § 501(7).

(E) 5 Data of minors under seventeen (17) years of age shall not be collected or used for targeted advertising or personalized algorithmic pricingPersonalized algorithmic pricing"Personalized algorithmic pricing" means dynamic pricing and surveillance pricing derived from or set by an algorithm that uses consumer data which may vary among consumers or groups of consumers;75A O.S. § 501(9) under any circumstances.

(F) 6 No food retail establishmentFood Retail Establishment"Food Retail Establishment" means a retail store that is either: a. over fifteen thousand (15,000) square feet in size and sells primarily household foodstuff for offsite including fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and prepared foods, other household supplies or products are secondary to the primary purpose of food sales; or b. over eighty-five thousand (85,000) square feet and with ten percent (10%) of their sales floor area dedicated to the sale of nontaxable merchandise including the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and prepared foods.75A O.S. § 501(7) shall use protected class dataProtected class data"Protected class data" means information about an individual person or groups of people that directly, in combination, or by implication identifies a characteristic that is legally protected from discrimination under the laws of this state or under federal law, including but not limited to ethnicity, national origin, age, disability, sex, sexual orientation, gender identity and expression, pregnancy outcomes and reproductive health care.75A O.S. § 501(11) in setting a price for, offering, marketing, or selling any good or service if any of the following are true: 1. The use of that data has the effect of withholding or denying any of the accommodations, advantages, and privileges accorded to others; and 2. The price for such good or service is different from the price offered to other individuals or groups based in whole or in part on the use of protected class dataProtected class data"Protected class data" means information about an individual person or groups of people that directly, in combination, or by implication identifies a characteristic that is legally protected from discrimination under the laws of this state or under federal law, including but not limited to ethnicity, national origin, age, disability, sex, sexual orientation, gender identity and expression, pregnancy outcomes and reproductive health care.75A O.S. § 501(11).

(G) Nothing in this act shall apply to financial services, including but not limited to financial institutions, financial institution affiliates, broker-dealers, registered investment advisors, and entities that provide consumerConsumer"Consumer" means a natural person who is seeking or solicited to purchase, lease, or receive a good or service not for resale in the ordinary course of the natural person's trade or business, but for personal, family, or household use;75A O.S. § 501(3) credit products such as credit cards, personal loans, and mortgages.

(H) Nothing in this act shall apply to any insurer licensed, regulated, or otherwise authorized to do business in the state of Oklahoma under the insurance law, including any personsPerson"Person" means any human being or individual;75A O.S. § 501(10), agents, or affiliates acting on behalf of such insurer.

(A) Whenever there shall be a violation of any portion of this act, an application may be made by the Attorney General in the name of the people of the State of Oklahoma to a court or justice having jurisdiction to issue an injunction, and upon notice to the respondent of not less than five (5) days, to enjoin and restrain the continuance of such violations: and if it shall appear to the satisfaction of the court or justice that the respondent has, in fact, violated any portion, an injunction may be issued by such court or justice, enjoining and restraining any further violation, without requiring proof that any personPerson"Person" means any human being or individual;75A O.S. § 501(10) has, in fact, been injured or damaged thereby.

(B) Whenever the court shall determine that a violation of any portion of this act has occurred, the court may impose a civil penalty of not more than Seven Thousand Five Hundred Dollars ($7,500.00) for each violation. In connection with any such application, the Attorney General is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules.

(C) In addition to any other remedies provided in this act, any personPerson"Person" means any human being or individual;75A O.S. § 501(10) aggrieved by a violation of this act is entitled to bring an action in a court of appropriate jurisdiction. Nothing in this section shall in any way limit rights or remedies which are otherwise available under law to the Attorney General or any other personPerson"Person" means any human being or individual;75A O.S. § 501(10) authorized to bring an action under this act.

This act shall become effective November 1, 2026.