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.
(1)–(9) As used in this subchapter: (1) "Aggregate consumer informationAggregate consumer information"Aggregate consumer information" means information that relates to a group or category of consumers, from which individual consumer identities have been removed, that is not linked or reasonably linkable to any consumer or household, including through the use of a device.9 V.S.A. § 4193a(1)" means information that relates to a group or category of consumersConsumer"Consumer" means a person who purchases or intends to purchase a consumer product.9 V.S.A. § 4193a(2), from which individual consumerConsumer"Consumer" means a person who purchases or intends to purchase a consumer product.9 V.S.A. § 4193a(2) identities have been removed, that is not linked or reasonably linkable to any consumerConsumer"Consumer" means a person who purchases or intends to purchase a consumer product.9 V.S.A. § 4193a(2) or household, including through the use of a device. (2) "ConsumerConsumer"Consumer" means a person who purchases or intends to purchase a consumer product.9 V.S.A. § 4193a(2)" means a person who purchases or intends to purchase a consumer productConsumer product"Consumer product" means any product that is regularly used or purchased to be used for personal, family, household, commercial, or business purposes, including a consumer commodity.9 V.S.A. § 4193a(4). (3) "Consumer commodityConsumer commodity"Consumer commodity" has the same meaning as in 6 V.S.A. § 681.9 V.S.A. § 4193a(3)" has the same meaning as in 6 V.S.A. § 681. (4) "Consumer productConsumer product"Consumer product" means any product that is regularly used or purchased to be used for personal, family, household, commercial, or business purposes, including a consumer commodity.9 V.S.A. § 4193a(4)" means any product that is regularly used or purchased to be used for personal, family, household, commercial, or business purposes, including a consumer commodityConsumer commodity"Consumer commodity" has the same meaning as in 6 V.S.A. § 681.9 V.S.A. § 4193a(3). (5) "Covered informationCovered information"Covered information" means either personally identifiable information or aggregate consumer information.9 V.S.A. § 4193a(5)" means either personally identifiable informationPersonally identifiable information"Personally identifiable information" has the same meaning as in subdivision 2430(10) of this title.9 V.S.A. § 4193a(7) or aggregate consumer informationAggregate consumer information"Aggregate consumer information" means information that relates to a group or category of consumers, from which individual consumer identities have been removed, that is not linked or reasonably linkable to any consumer or household, including through the use of a device.9 V.S.A. § 4193a(1). (6) "Electronic surveillance technologyElectronic surveillance technology"Electronic surveillance technology" means a system, software, or process derived from machine learning, statistics, or other data processing or artificial intelligence techniques used to collect, capture, record, or retain personally identifiable information.9 V.S.A. § 4193a(6)" means a system, software, or process derived from machine learning, statistics, or other data processing or artificial intelligence techniques used to collect, capture, record, or retain personally identifiable informationPersonally identifiable information"Personally identifiable information" has the same meaning as in subdivision 2430(10) of this title.9 V.S.A. § 4193a(7). (7) "Personally identifiable informationPersonally identifiable information"Personally identifiable information" has the same meaning as in subdivision 2430(10) of this title.9 V.S.A. § 4193a(7)" has the same meaning as in subdivision 2430(10) of this title. (8) "Standard priceStandard price"Standard price" means the price of a good or service that is set for all consumers that is not based upon covered information.9 V.S.A. § 4193a(8)" means the price of a good or service that is set for all consumersConsumer"Consumer" means a person who purchases or intends to purchase a consumer product.9 V.S.A. § 4193a(2) that is not based upon covered informationCovered information"Covered information" means either personally identifiable information or aggregate consumer information.9 V.S.A. § 4193a(5). (9) "Surveillance pricingSurveillance pricing"Surveillance pricing" means using covered information gathered through electronic surveillance technology to set the price of a consumer product that differs from the standard price.9 V.S.A. § 4193a(9)" means using covered informationCovered information"Covered information" means either personally identifiable information or aggregate consumer information.9 V.S.A. § 4193a(5) gathered through electronic surveillance technologyElectronic surveillance technology"Electronic surveillance technology" means a system, software, or process derived from machine learning, statistics, or other data processing or artificial intelligence techniques used to collect, capture, record, or retain personally identifiable information.9 V.S.A. § 4193a(6) to set the price of a consumer productConsumer product"Consumer product" means any product that is regularly used or purchased to be used for personal, family, household, commercial, or business purposes, including a consumer commodity.9 V.S.A. § 4193a(4) that differs from the standard priceStandard price"Standard price" means the price of a good or service that is set for all consumers that is not based upon covered information.9 V.S.A. § 4193a(8).
This section establishes nine defined terms for the subchapter. The key definitional chain is: electronic surveillance technology (AI/ML systems collecting PII) feeds covered information (PII or aggregate consumer information) into surveillance pricing (using that information to set prices differing from a uniform standard price). The scope of regulated products is broad — consumer product encompasses anything used for personal, family, household, commercial, or business purposes.
(a) 1 Except as provided under subsection (b) of this section, a person shall not use surveillance pricingSurveillance pricing"Surveillance pricing" means using covered information gathered through electronic surveillance technology to set the price of a consumer product that differs from the standard price.9 V.S.A. § 4193a(9) to distribute, sell, or offer for sale a consumer productConsumer product"Consumer product" means any product that is regularly used or purchased to be used for personal, family, household, commercial, or business purposes, including a consumer commodity.9 V.S.A. § 4193a(4) in the State.
(b)(1) 1 A person may use surveillance pricingSurveillance pricing"Surveillance pricing" means using covered information gathered through electronic surveillance technology to set the price of a consumer product that differs from the standard price.9 V.S.A. § 4193a(9) to distribute, sell, or offer for sale a consumer productConsumer product"Consumer product" means any product that is regularly used or purchased to be used for personal, family, household, commercial, or business purposes, including a consumer commodity.9 V.S.A. § 4193a(4) if any of the following apply: (1) The difference from the standard priceStandard price"Standard price" means the price of a good or service that is set for all consumers that is not based upon covered information.9 V.S.A. § 4193a(8) charged to a consumerConsumer"Consumer" means a person who purchases or intends to purchase a consumer product.9 V.S.A. § 4193a(2) is based solely on the cost to the person of providing the consumer productConsumer product"Consumer product" means any product that is regularly used or purchased to be used for personal, family, household, commercial, or business purposes, including a consumer commodity.9 V.S.A. § 4193a(4) to that consumerConsumer"Consumer" means a person who purchases or intends to purchase a consumer product.9 V.S.A. § 4193a(2).
(b)(2) 2 The difference from the standard priceStandard price"Standard price" means the price of a good or service that is set for all consumers that is not based upon covered information.9 V.S.A. § 4193a(8) is a discount offered to all consumersConsumer"Consumer" means a person who purchases or intends to purchase a consumer product.9 V.S.A. § 4193a(2) on equal terms in a manner consistent with applicable antidiscrimination laws. If the person gathers personally identifiable informationPersonally identifiable information"Personally identifiable information" has the same meaning as in subdivision 2430(10) of this title.9 V.S.A. § 4193a(7) in connection with the provision of this discount, the person shall ensure both of the following: (A) the consumerConsumer"Consumer" means a person who purchases or intends to purchase a consumer product.9 V.S.A. § 4193a(2) shall receive a clear and conspicuous written notice describing in readily ascertainable terms the specific intended purposes for which the person will use the personally identifiable informationPersonally identifiable information"Personally identifiable information" has the same meaning as in subdivision 2430(10) of this title.9 V.S.A. § 4193a(7) before the person uses the information for those purposes; and (B) the consumerConsumer"Consumer" means a person who purchases or intends to purchase a consumer product.9 V.S.A. § 4193a(2) shall provide written affirmative consent for any purpose described in subdivision (A) of this subdivision (2) before the consumerConsumer"Consumer" means a person who purchases or intends to purchase a consumer product.9 V.S.A. § 4193a(2)'s personally identifiable informationPersonally identifiable information"Personally identifiable information" has the same meaning as in subdivision 2430(10) of this title.9 V.S.A. § 4193a(7) is used for that purpose.
(b)(3) 1 The person is licensed by the Department of Financial Regulation to conduct insurance business in the State pursuant to 8 V.S.A. chapter 101, provided that the person complies with any applicable rate standards under 8 V.S.A. chapter 128.
This section contains the bill's core operative prohibition: no person may use surveillance pricing to distribute, sell, or offer for sale a consumer product in Vermont. The prohibition is broad — it applies to any person, not a narrowly defined class of covered entities — and the trigger is the use of covered information gathered through electronic surveillance technology to set individualized prices deviating from a uniform standard price.
Three exceptions narrow the prohibition. First, price differences based solely on the cost of providing the product to a particular consumer are permitted. Second, discounts offered to all consumers on equal terms and consistent with antidiscrimination law are permitted, but if PII is gathered in connection with the discount, the person must provide clear notice of intended data uses and obtain written affirmative consent. Third, persons licensed by the Department of Financial Regulation to conduct insurance business are exempt provided they comply with existing rate standards. The insurance carve-out reflects that insurance pricing is already subject to sector-specific rate regulation.
(a) A violation of this subchapter is deemed to be a violation of section 2453 of this title.
(b) The Attorney General has the same authority to make rules, conduct civil investigations, and bring civil actions with respect to the acts and practices that constitute surveillance pricingSurveillance pricing"Surveillance pricing" means using covered information gathered through electronic surveillance technology to set the price of a consumer product that differs from the standard price.9 V.S.A. § 4193a(9) as is provided under chapter 63, subchapter 1 of this title.
(c) A consumerConsumer"Consumer" means a person who purchases or intends to purchase a consumer product.9 V.S.A. § 4193a(2) subject to surveillance pricingSurveillance pricing"Surveillance pricing" means using covered information gathered through electronic surveillance technology to set the price of a consumer product that differs from the standard price.9 V.S.A. § 4193a(9) has the same rights as a consumerConsumer"Consumer" means a person who purchases or intends to purchase a consumer product.9 V.S.A. § 4193a(2) has under section 2461 of this title.
This section establishes the enforcement framework by incorporating the bill into Vermont's existing Consumer Protection Act. Violations are deemed violations of 9 V.S.A. § 2453 (unfair and deceptive acts), giving the Attorney General full rulemaking, investigative, and civil enforcement authority under the Consumer Protection Act. Consumers subject to surveillance pricing have the same private rights as consumers under 9 V.S.A. § 2461, which provides for equitable relief, damages, and attorney's fees.
This act shall take effect on July 1, 2026.
The act takes effect on July 1, 2026.