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.
The legislature finds that the use of algorithmsAlgorithm"Algorithm" means a computational process that uses a set of rules to define a sequence of operation including, but not limited to, artificial intelligence systems and facial recognition software.Sec. 2(1) for surveillance-based price discriminationSurveillance-based price discrimination"Surveillance-based price discrimination" means the practice of setting, altering, or manipulating the price of goods or services offered to a consumer based in whole or in part on monitoring, tracking, or automated analysis of the consumer's behavior, location, demographic characteristics, biometric data, or other personally identifiable information, rather than on the actual cost of providing the good or service.Sec. 2(13) and surge pricingSurge pricing"Surge pricing" means increasing the price of a good or service based on real-time or predicted demand, consumer behavior, consumer characteristics, or algorithmic determination of willingness to pay, rather than changes in the person's actual costs of providing the good or service.Sec. 2(11) threatens fair market access to grocery goodsGoods"Goods" means retail products for sale in a grocery establishment as defined in RCW 49.85.015.Sec. 2(5). The use of automation and dynamic pricing models in retail grocery sales exacerbates inequality and undermines consumerConsumer"Consumer" means a natural person who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a person in Washington state creates the presumption that the person is a Washington resident.Sec. 2(3) trust. The price of retail grocery goodsGoods"Goods" means retail products for sale in a grocery establishment as defined in RCW 49.85.015.Sec. 2(5) should be rooted in fairness, not in profiling or prediction. The legislature further finds that comprehensive consumerConsumer"Consumer" means a natural person who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a person in Washington state creates the presumption that the person is a Washington resident.Sec. 2(3) protection is needed to prevent discriminatory and opaque pricing practices in retail grocery sales as businesses increasingly adopt data-driven technologies to set prices. Innovation should not come at the expense of transparency, fairness, or access to grocery goodsGoods"Goods" means retail products for sale in a grocery establishment as defined in RCW 49.85.015.Sec. 2(5). The legislature further finds that the prohibition of surveillance-based price discriminationSurveillance-based price discrimination"Surveillance-based price discrimination" means the practice of setting, altering, or manipulating the price of goods or services offered to a consumer based in whole or in part on monitoring, tracking, or automated analysis of the consumer's behavior, location, demographic characteristics, biometric data, or other personally identifiable information, rather than on the actual cost of providing the good or service.Sec. 2(13) and surge pricingSurge pricing"Surge pricing" means increasing the price of a good or service based on real-time or predicted demand, consumer behavior, consumer characteristics, or algorithmic determination of willingness to pay, rather than changes in the person's actual costs of providing the good or service.Sec. 2(11) will protect consumersConsumer"Consumer" means a natural person who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a person in Washington state creates the presumption that the person is a Washington resident.Sec. 2(3) from profiling and ensure equitable and fair pricing of grocery goodsGoods"Goods" means retail products for sale in a grocery establishment as defined in RCW 49.85.015.Sec. 2(5). The legislature further finds that a moratorium on the use of electronic shelf label systemsElectronic shelf label system"Electronic shelf label system" means any hardware, software, or connected technology used to display or update prices electronically, including electronic shelf labels, pricing servers, wireless beacons, and consumer-facing applications, that have the capacity, directly or indirectly, to collect, receive, infer, analyze, or use consumer data for the purpose of modifying, personalizing, or varying the price of goods. Any electronic shelf label system, regardless of whether it is enabled, disabled, or actively utilized, is an electronic shelf label system for the purposes of this act.Sec. 2(4) by grocery businesses will protect consumersConsumer"Consumer" means a natural person who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a person in Washington state creates the presumption that the person is a Washington resident.Sec. 2(3) from data collection without their knowledge from their electronic devices, such as smartphones, to modify the price of grocery goodsGoods"Goods" means retail products for sale in a grocery establishment as defined in RCW 49.85.015.Sec. 2(5) for individual shoppers. Pricing should remain consistent and be clearly posted. Therefore, the legislature intends to ban surveillance-based price discriminationSurveillance-based price discrimination"Surveillance-based price discrimination" means the practice of setting, altering, or manipulating the price of goods or services offered to a consumer based in whole or in part on monitoring, tracking, or automated analysis of the consumer's behavior, location, demographic characteristics, biometric data, or other personally identifiable information, rather than on the actual cost of providing the good or service.Sec. 2(13) and surge pricingSurge pricing"Surge pricing" means increasing the price of a good or service based on real-time or predicted demand, consumer behavior, consumer characteristics, or algorithmic determination of willingness to pay, rather than changes in the person's actual costs of providing the good or service.Sec. 2(11) and establish a four-year moratorium on the use of electronic shelf label systemsElectronic shelf label system"Electronic shelf label system" means any hardware, software, or connected technology used to display or update prices electronically, including electronic shelf labels, pricing servers, wireless beacons, and consumer-facing applications, that have the capacity, directly or indirectly, to collect, receive, infer, analyze, or use consumer data for the purpose of modifying, personalizing, or varying the price of goods. Any electronic shelf label system, regardless of whether it is enabled, disabled, or actively utilized, is an electronic shelf label system for the purposes of this act.Sec. 2(4) in retail grocery locations to allow further study of the impact on pricing transparency and employee job security.
Section 1 sets out the legislature's findings regarding the use of algorithms for surveillance-based price discrimination and surge pricing in retail grocery sales. It declares that these practices threaten fair market access, exacerbate inequality, and undermine consumer trust. The section also expresses the legislature's intent to ban these practices and establish a four-year moratorium on electronic shelf label systems in retail grocery locations to allow further study. This section is purely a statement of legislative findings and intent — it creates no independently actionable compliance obligations.
(1)–(13) "AlgorithmAlgorithm"Algorithm" means a computational process that uses a set of rules to define a sequence of operation including, but not limited to, artificial intelligence systems and facial recognition software.Sec. 2(1)" means a computational process that uses a set of rules to define a sequence of operation including, but not limited to, artificial intelligence systems and facial recognition software. (2) "BehaviorsBehaviors"Behaviors" means a consumer's observable, measurable, or inferred actions, habits, preferences, interests, or vulnerabilities, including the consumer's political, personal, or professional affiliations, web browsing history, internet protocol addresses used, locations frequented, purchase history, financial circumstances, consumer behaviors, or inferences associated with a group, band, class, or tier of consumers in which the consumer belongs.Sec. 2(2)" means a consumerConsumer"Consumer" means a natural person who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a person in Washington state creates the presumption that the person is a Washington resident.Sec. 2(3)'s observable, measurable, or inferred actions, habits, preferences, interests, or vulnerabilities, including the consumerConsumer"Consumer" means a natural person who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a person in Washington state creates the presumption that the person is a Washington resident.Sec. 2(3)'s political, personal, or professional affiliations, web browsing history, internet protocol addresses used, locations frequented, purchase history, financial circumstances, consumerConsumer"Consumer" means a natural person who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a person in Washington state creates the presumption that the person is a Washington resident.Sec. 2(3) behaviorsBehaviors"Behaviors" means a consumer's observable, measurable, or inferred actions, habits, preferences, interests, or vulnerabilities, including the consumer's political, personal, or professional affiliations, web browsing history, internet protocol addresses used, locations frequented, purchase history, financial circumstances, consumer behaviors, or inferences associated with a group, band, class, or tier of consumers in which the consumer belongs.Sec. 2(2), or inferences associated with a group, band, class, or tier of consumersConsumer"Consumer" means a natural person who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a person in Washington state creates the presumption that the person is a Washington resident.Sec. 2(3) in which the consumerConsumer"Consumer" means a natural person who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a person in Washington state creates the presumption that the person is a Washington resident.Sec. 2(3) belongs. (3) "ConsumerConsumer"Consumer" means a natural person who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a person in Washington state creates the presumption that the person is a Washington resident.Sec. 2(3)" means a natural personPerson"Person" means any business engaged in the retail sale of goods to consumers. For the purposes of this act, "person" does not include a "small business," as defined in RCW 19.85.020.Sec. 2(7) who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a personPerson"Person" means any business engaged in the retail sale of goods to consumers. For the purposes of this act, "person" does not include a "small business," as defined in RCW 19.85.020.Sec. 2(7) in Washington state creates the presumption that the personPerson"Person" means any business engaged in the retail sale of goods to consumers. For the purposes of this act, "person" does not include a "small business," as defined in RCW 19.85.020.Sec. 2(7) is a Washington resident. (4) "Electronic shelf label systemElectronic shelf label system"Electronic shelf label system" means any hardware, software, or connected technology used to display or update prices electronically, including electronic shelf labels, pricing servers, wireless beacons, and consumer-facing applications, that have the capacity, directly or indirectly, to collect, receive, infer, analyze, or use consumer data for the purpose of modifying, personalizing, or varying the price of goods. Any electronic shelf label system, regardless of whether it is enabled, disabled, or actively utilized, is an electronic shelf label system for the purposes of this act.Sec. 2(4)" means any hardware, software, or connected technology used to display or update prices electronically, including electronic shelf labels, pricing servers, wireless beacons, and consumerConsumer"Consumer" means a natural person who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a person in Washington state creates the presumption that the person is a Washington resident.Sec. 2(3)-facing applications, that have the capacity, directly or indirectly, to collect, receive, infer, analyze, or use consumerConsumer"Consumer" means a natural person who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a person in Washington state creates the presumption that the person is a Washington resident.Sec. 2(3) data for the purpose of modifying, personalizing, or varying the price of goodsGoods"Goods" means retail products for sale in a grocery establishment as defined in RCW 49.85.015.Sec. 2(5). Any electronic shelf label systemElectronic shelf label system"Electronic shelf label system" means any hardware, software, or connected technology used to display or update prices electronically, including electronic shelf labels, pricing servers, wireless beacons, and consumer-facing applications, that have the capacity, directly or indirectly, to collect, receive, infer, analyze, or use consumer data for the purpose of modifying, personalizing, or varying the price of goods. Any electronic shelf label system, regardless of whether it is enabled, disabled, or actively utilized, is an electronic shelf label system for the purposes of this act.Sec. 2(4), regardless of whether it is enabled, disabled, or actively utilized, is an electronic shelf label systemElectronic shelf label system"Electronic shelf label system" means any hardware, software, or connected technology used to display or update prices electronically, including electronic shelf labels, pricing servers, wireless beacons, and consumer-facing applications, that have the capacity, directly or indirectly, to collect, receive, infer, analyze, or use consumer data for the purpose of modifying, personalizing, or varying the price of goods. Any electronic shelf label system, regardless of whether it is enabled, disabled, or actively utilized, is an electronic shelf label system for the purposes of this act.Sec. 2(4) for the purposes of this act. (5) "GoodsGoods"Goods" means retail products for sale in a grocery establishment as defined in RCW 49.85.015.Sec. 2(5)" means retail products for sale in a grocery establishment as defined in RCW 49.85.015. (6) "Inferred dataInferred data"Inferred data" means data, assumptions, predictions, or classifications about a consumer that are derived, in whole or in part, from personally identifiable information, device identifiers, online activity, loyalty program participation, or other behavioral information, including, but not limited to, inferences about income, education level, household composition, likelihood to purchase certain products, race, ethnicity, age, disability status, or any other protected characteristic.Sec. 2(6)" means data, assumptions, predictions, or classifications about a consumerConsumer"Consumer" means a natural person who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a person in Washington state creates the presumption that the person is a Washington resident.Sec. 2(3) that are derived, in whole or in part, from personally identifiable informationPersonally identifiable information"Personally identifiable information" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personally identifiable information includes, but is not limited to, the following if it identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household: (i) Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver's license number, passport number, or other similar identifiers; (ii) Any information that identifies, relates to, describes, or is capable of being associated with, a particular consumer, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information; (iii) Characteristics of protected classifications under Washington or federal law; (iv) Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies; (v) Biometric information; (vi) Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an internet website application, or advertisement; (vii) Geolocation data; (viii) Audio, electronic, visual, thermal, olfactory, or similar information; (ix) Professional or employment-related information; (x) Education information, defined as information that is not publicly available personally identifiable information as defined in 20 U.S.C. Sec. 1232g as it existed on December 18, 2025; (xi) Inferences drawn from any of the information identified in this section to create a profile about a consumer reflecting the consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes; or (xii) Sensitive personal information. "Personally identifiable information" does not include publicly available information or lawfully obtained, truthful information that is a matter of public concern.Sec. 2(9), device identifiers, online activity, loyalty program participation, or other behavioral information, including, but not limited to, inferences about income, education level, household composition, likelihood to purchase certain products, race, ethnicity, age, disability status, or any other protected characteristic. (7) "PersonPerson"Person" means any business engaged in the retail sale of goods to consumers. For the purposes of this act, "person" does not include a "small business," as defined in RCW 19.85.020.Sec. 2(7)" means any business engaged in the retail sale of goodsGoods"Goods" means retail products for sale in a grocery establishment as defined in RCW 49.85.015.Sec. 2(5) to consumersConsumer"Consumer" means a natural person who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a person in Washington state creates the presumption that the person is a Washington resident.Sec. 2(3). For the purposes of this act, "personPerson"Person" means any business engaged in the retail sale of goods to consumers. For the purposes of this act, "person" does not include a "small business," as defined in RCW 19.85.020.Sec. 2(7)" does not include a "small business," as defined in RCW 19.85.020. (8) "Personalized pricingPersonalized pricing"Personalized pricing" or "algorithmic pricing" means pricing that is determined or modified in whole or in part through the use of an automated system, artificial intelligence, machine learning model, or algorithm that relies on consumer data or inferred data to determine the price a consumer or group of consumers will be charged.Sec. 2(8)" or "algorithmic pricing" means pricing that is determined or modified in whole or in part through the use of an automated system, artificial intelligence, machine learning model, or algorithmAlgorithm"Algorithm" means a computational process that uses a set of rules to define a sequence of operation including, but not limited to, artificial intelligence systems and facial recognition software.Sec. 2(1) that relies on consumerConsumer"Consumer" means a natural person who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a person in Washington state creates the presumption that the person is a Washington resident.Sec. 2(3) data or inferred dataInferred data"Inferred data" means data, assumptions, predictions, or classifications about a consumer that are derived, in whole or in part, from personally identifiable information, device identifiers, online activity, loyalty program participation, or other behavioral information, including, but not limited to, inferences about income, education level, household composition, likelihood to purchase certain products, race, ethnicity, age, disability status, or any other protected characteristic.Sec. 2(6) to determine the price a consumerConsumer"Consumer" means a natural person who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a person in Washington state creates the presumption that the person is a Washington resident.Sec. 2(3) or group of consumersConsumer"Consumer" means a natural person who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a person in Washington state creates the presumption that the person is a Washington resident.Sec. 2(3) will be charged. (9)(a) "Personally identifiable informationPersonally identifiable information"Personally identifiable information" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personally identifiable information includes, but is not limited to, the following if it identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household: (i) Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver's license number, passport number, or other similar identifiers; (ii) Any information that identifies, relates to, describes, or is capable of being associated with, a particular consumer, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information; (iii) Characteristics of protected classifications under Washington or federal law; (iv) Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies; (v) Biometric information; (vi) Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an internet website application, or advertisement; (vii) Geolocation data; (viii) Audio, electronic, visual, thermal, olfactory, or similar information; (ix) Professional or employment-related information; (x) Education information, defined as information that is not publicly available personally identifiable information as defined in 20 U.S.C. Sec. 1232g as it existed on December 18, 2025; (xi) Inferences drawn from any of the information identified in this section to create a profile about a consumer reflecting the consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes; or (xii) Sensitive personal information. "Personally identifiable information" does not include publicly available information or lawfully obtained, truthful information that is a matter of public concern.Sec. 2(9)" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumerConsumer"Consumer" means a natural person who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a person in Washington state creates the presumption that the person is a Washington resident.Sec. 2(3) or household. (10)(a) "Publicly availablePublicly available"Publicly available" means any of the following: (i) Public records; (ii) Information that a person has a reasonable basis to believe is lawfully made available to the general public by the consumer or from widely distributed media; or (iii) Information made available by a person to whom the consumer has disclosed the information if the consumer has not restricted the information to a specific audience. "Publicly available" does not mean biometric information collected by a person about a consumer without the consumer's knowledge.Sec. 2(10)" means any of the following: (i) Public records; (ii) Information that a personPerson"Person" means any business engaged in the retail sale of goods to consumers. For the purposes of this act, "person" does not include a "small business," as defined in RCW 19.85.020.Sec. 2(7) has a reasonable basis to believe is lawfully made available to the general public by the consumerConsumer"Consumer" means a natural person who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a person in Washington state creates the presumption that the person is a Washington resident.Sec. 2(3) or from widely distributed media; or (iii) Information made available by a personPerson"Person" means any business engaged in the retail sale of goods to consumers. For the purposes of this act, "person" does not include a "small business," as defined in RCW 19.85.020.Sec. 2(7) to whom the consumerConsumer"Consumer" means a natural person who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a person in Washington state creates the presumption that the person is a Washington resident.Sec. 2(3) has disclosed the information if the consumerConsumer"Consumer" means a natural person who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a person in Washington state creates the presumption that the person is a Washington resident.Sec. 2(3) has not restricted the information to a specific audience. (b) "Publicly availablePublicly available"Publicly available" means any of the following: (i) Public records; (ii) Information that a person has a reasonable basis to believe is lawfully made available to the general public by the consumer or from widely distributed media; or (iii) Information made available by a person to whom the consumer has disclosed the information if the consumer has not restricted the information to a specific audience. "Publicly available" does not mean biometric information collected by a person about a consumer without the consumer's knowledge.Sec. 2(10)" does not mean biometric information collected by a personPerson"Person" means any business engaged in the retail sale of goods to consumers. For the purposes of this act, "person" does not include a "small business," as defined in RCW 19.85.020.Sec. 2(7) about a consumerConsumer"Consumer" means a natural person who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a person in Washington state creates the presumption that the person is a Washington resident.Sec. 2(3) without the consumerConsumer"Consumer" means a natural person who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a person in Washington state creates the presumption that the person is a Washington resident.Sec. 2(3)'s knowledge. (11) "Surge pricingSurge pricing"Surge pricing" means increasing the price of a good or service based on real-time or predicted demand, consumer behavior, consumer characteristics, or algorithmic determination of willingness to pay, rather than changes in the person's actual costs of providing the good or service.Sec. 2(11)" means increasing the price of a good or service based on real-time or predicted demand, consumerConsumer"Consumer" means a natural person who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a person in Washington state creates the presumption that the person is a Washington resident.Sec. 2(3) behavior, consumerConsumer"Consumer" means a natural person who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a person in Washington state creates the presumption that the person is a Washington resident.Sec. 2(3) characteristics, or algorithmic determination of willingness to pay, rather than changes in the personPerson"Person" means any business engaged in the retail sale of goods to consumers. For the purposes of this act, "person" does not include a "small business," as defined in RCW 19.85.020.Sec. 2(7)'s actual costs of providing the good or service. (12) "Surveillance pricingSurveillance pricing"Surveillance pricing" means the practice of using personally identifiable information, personal data, inferred data, device information, browsing history, geolocation, purchasing behavior, demographic characteristics, or any other consumer-specific information to set, vary, modify, or optimize the price of a good or service for a consumer or a group of consumers. Surveillance pricing does not mean offering the same price for a good or service to all consumers.Sec. 2(12)" means the practice of using personally identifiable informationPersonally identifiable information"Personally identifiable information" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personally identifiable information includes, but is not limited to, the following if it identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household: (i) Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver's license number, passport number, or other similar identifiers; (ii) Any information that identifies, relates to, describes, or is capable of being associated with, a particular consumer, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information; (iii) Characteristics of protected classifications under Washington or federal law; (iv) Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies; (v) Biometric information; (vi) Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an internet website application, or advertisement; (vii) Geolocation data; (viii) Audio, electronic, visual, thermal, olfactory, or similar information; (ix) Professional or employment-related information; (x) Education information, defined as information that is not publicly available personally identifiable information as defined in 20 U.S.C. Sec. 1232g as it existed on December 18, 2025; (xi) Inferences drawn from any of the information identified in this section to create a profile about a consumer reflecting the consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes; or (xii) Sensitive personal information. "Personally identifiable information" does not include publicly available information or lawfully obtained, truthful information that is a matter of public concern.Sec. 2(9), personal data, inferred dataInferred data"Inferred data" means data, assumptions, predictions, or classifications about a consumer that are derived, in whole or in part, from personally identifiable information, device identifiers, online activity, loyalty program participation, or other behavioral information, including, but not limited to, inferences about income, education level, household composition, likelihood to purchase certain products, race, ethnicity, age, disability status, or any other protected characteristic.Sec. 2(6), device information, browsing history, geolocation, purchasing behavior, demographic characteristics, or any other consumerConsumer"Consumer" means a natural person who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a person in Washington state creates the presumption that the person is a Washington resident.Sec. 2(3)-specific information to set, vary, modify, or optimize the price of a good or service for a consumerConsumer"Consumer" means a natural person who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a person in Washington state creates the presumption that the person is a Washington resident.Sec. 2(3) or a group of consumersConsumer"Consumer" means a natural person who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a person in Washington state creates the presumption that the person is a Washington resident.Sec. 2(3). Surveillance pricingSurveillance pricing"Surveillance pricing" means the practice of using personally identifiable information, personal data, inferred data, device information, browsing history, geolocation, purchasing behavior, demographic characteristics, or any other consumer-specific information to set, vary, modify, or optimize the price of a good or service for a consumer or a group of consumers. Surveillance pricing does not mean offering the same price for a good or service to all consumers.Sec. 2(12) does not mean offering the same price for a good or service to all consumersConsumer"Consumer" means a natural person who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a person in Washington state creates the presumption that the person is a Washington resident.Sec. 2(3). (13) "Surveillance-based price discriminationSurveillance-based price discrimination"Surveillance-based price discrimination" means the practice of setting, altering, or manipulating the price of goods or services offered to a consumer based in whole or in part on monitoring, tracking, or automated analysis of the consumer's behavior, location, demographic characteristics, biometric data, or other personally identifiable information, rather than on the actual cost of providing the good or service.Sec. 2(13)" means the practice of setting, altering, or manipulating the price of goodsGoods"Goods" means retail products for sale in a grocery establishment as defined in RCW 49.85.015.Sec. 2(5) or services offered to a consumerConsumer"Consumer" means a natural person who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a person in Washington state creates the presumption that the person is a Washington resident.Sec. 2(3) based in whole or in part on monitoring, tracking, or automated analysis of the consumerConsumer"Consumer" means a natural person who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a person in Washington state creates the presumption that the person is a Washington resident.Sec. 2(3)'s behavior, location, demographic characteristics, biometric data, or other personally identifiable informationPersonally identifiable information"Personally identifiable information" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personally identifiable information includes, but is not limited to, the following if it identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household: (i) Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver's license number, passport number, or other similar identifiers; (ii) Any information that identifies, relates to, describes, or is capable of being associated with, a particular consumer, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information; (iii) Characteristics of protected classifications under Washington or federal law; (iv) Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies; (v) Biometric information; (vi) Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an internet website application, or advertisement; (vii) Geolocation data; (viii) Audio, electronic, visual, thermal, olfactory, or similar information; (ix) Professional or employment-related information; (x) Education information, defined as information that is not publicly available personally identifiable information as defined in 20 U.S.C. Sec. 1232g as it existed on December 18, 2025; (xi) Inferences drawn from any of the information identified in this section to create a profile about a consumer reflecting the consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes; or (xii) Sensitive personal information. "Personally identifiable information" does not include publicly available information or lawfully obtained, truthful information that is a matter of public concern.Sec. 2(9), rather than on the actual cost of providing the good or service.
Section 2 establishes the defined terms used throughout the chapter. Key definitions include surveillance-based price discrimination (price modification based on monitoring, tracking, or automated analysis of consumer data), surge pricing (price increases based on real-time or predicted demand or algorithmic willingness-to-pay determinations), personalized pricing (pricing set through AI, machine learning, or algorithms using consumer data), and electronic shelf label system (any hardware or software used to display prices electronically that has the capacity to collect or use consumer data for price modification — notably, this includes systems regardless of whether they are enabled or actively utilized).
The definition of Person is critical: it covers any business engaged in retail sale of goods to consumers but expressly excludes small businesses as defined in RCW 19.85.020. The Algorithm definition is deliberately broad, encompassing any computational process including AI systems and facial recognition software.
(1) 1 A personPerson"Person" means any business engaged in the retail sale of goods to consumers. For the purposes of this act, "person" does not include a "small business," as defined in RCW 19.85.020.Sec. 2(7) must clearly post the price of goodsGoods"Goods" means retail products for sale in a grocery establishment as defined in RCW 49.85.015.Sec. 2(5) in a retail location.
(2) 2 A personPerson"Person" means any business engaged in the retail sale of goods to consumers. For the purposes of this act, "person" does not include a "small business," as defined in RCW 19.85.020.Sec. 2(7) may not use surveillance-based price discriminationSurveillance-based price discrimination"Surveillance-based price discrimination" means the practice of setting, altering, or manipulating the price of goods or services offered to a consumer based in whole or in part on monitoring, tracking, or automated analysis of the consumer's behavior, location, demographic characteristics, biometric data, or other personally identifiable information, rather than on the actual cost of providing the good or service.Sec. 2(13) to modify the price of goodsGoods"Goods" means retail products for sale in a grocery establishment as defined in RCW 49.85.015.Sec. 2(5) for a consumerConsumer"Consumer" means a natural person who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a person in Washington state creates the presumption that the person is a Washington resident.Sec. 2(3).
(3) 3 A personPerson"Person" means any business engaged in the retail sale of goods to consumers. For the purposes of this act, "person" does not include a "small business," as defined in RCW 19.85.020.Sec. 2(7) is prohibited from using surge pricingSurge pricing"Surge pricing" means increasing the price of a good or service based on real-time or predicted demand, consumer behavior, consumer characteristics, or algorithmic determination of willingness to pay, rather than changes in the person's actual costs of providing the good or service.Sec. 2(11) to modify the price of goodsGoods"Goods" means retail products for sale in a grocery establishment as defined in RCW 49.85.015.Sec. 2(5) regardless of the frequency or duration of the price change, including price changes that occur within minutes, hours, days, or across separate transactions.
(4) Surveillance-based price discriminationSurveillance-based price discrimination"Surveillance-based price discrimination" means the practice of setting, altering, or manipulating the price of goods or services offered to a consumer based in whole or in part on monitoring, tracking, or automated analysis of the consumer's behavior, location, demographic characteristics, biometric data, or other personally identifiable information, rather than on the actual cost of providing the good or service.Sec. 2(13) and surge pricingSurge pricing"Surge pricing" means increasing the price of a good or service based on real-time or predicted demand, consumer behavior, consumer characteristics, or algorithmic determination of willingness to pay, rather than changes in the person's actual costs of providing the good or service.Sec. 2(11) do not include a reduction in the posted price that is uniformly offered or made available to all consumersConsumer"Consumer" means a natural person who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a person in Washington state creates the presumption that the person is a Washington resident.Sec. 2(3) who meet the disclosed eligibility criteria. A personPerson"Person" means any business engaged in the retail sale of goods to consumers. For the purposes of this act, "person" does not include a "small business," as defined in RCW 19.85.020.Sec. 2(7) may offer a loyalty, membership, or reward program if any personally identifiable informationPersonally identifiable information"Personally identifiable information" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personally identifiable information includes, but is not limited to, the following if it identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household: (i) Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver's license number, passport number, or other similar identifiers; (ii) Any information that identifies, relates to, describes, or is capable of being associated with, a particular consumer, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information; (iii) Characteristics of protected classifications under Washington or federal law; (iv) Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies; (v) Biometric information; (vi) Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an internet website application, or advertisement; (vii) Geolocation data; (viii) Audio, electronic, visual, thermal, olfactory, or similar information; (ix) Professional or employment-related information; (x) Education information, defined as information that is not publicly available personally identifiable information as defined in 20 U.S.C. Sec. 1232g as it existed on December 18, 2025; (xi) Inferences drawn from any of the information identified in this section to create a profile about a consumer reflecting the consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes; or (xii) Sensitive personal information. "Personally identifiable information" does not include publicly available information or lawfully obtained, truthful information that is a matter of public concern.Sec. 2(9) collected for the purpose of administering the program is not used to personalize, optimize, or otherwise modify the price of goodsGoods"Goods" means retail products for sale in a grocery establishment as defined in RCW 49.85.015.Sec. 2(5) offered for sale to a consumerConsumer"Consumer" means a natural person who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a person in Washington state creates the presumption that the person is a Washington resident.Sec. 2(3).
Section 3 contains the bill's core operative prohibitions. It requires businesses to clearly post the price of goods in retail locations and prohibits two distinct practices: surveillance-based price discrimination and surge pricing. The surveillance-based price discrimination prohibition bars use of consumer monitoring, tracking, or automated behavioral analysis to modify individual prices. The surge pricing prohibition bars demand-based or algorithmic willingness-to-pay price increases regardless of frequency or duration.
Subsection (4) provides a safe harbor for loyalty, membership, or reward programs — but only if the personally identifiable information collected for administering the program is not used to personalize, optimize, or otherwise modify individual pricing. This is a narrowly drawn exception: the moment program data is used for individualized price modification, the safe harbor is lost.
(1) 4 A personPerson"Person" means any business engaged in the retail sale of goods to consumers. For the purposes of this act, "person" does not include a "small business," as defined in RCW 19.85.020.Sec. 2(7) may not use an electronic shelf label systemElectronic shelf label system"Electronic shelf label system" means any hardware, software, or connected technology used to display or update prices electronically, including electronic shelf labels, pricing servers, wireless beacons, and consumer-facing applications, that have the capacity, directly or indirectly, to collect, receive, infer, analyze, or use consumer data for the purpose of modifying, personalizing, or varying the price of goods. Any electronic shelf label system, regardless of whether it is enabled, disabled, or actively utilized, is an electronic shelf label system for the purposes of this act.Sec. 2(4) in retail locations 15,000 square feet or larger until January 1, 2030.
(2) This section expires June 30, 2031.
Section 4 imposes a four-year moratorium prohibiting the use of electronic shelf label systems in retail locations of 15,000 square feet or larger, effective until January 1, 2030. The moratorium applies to any hardware, software, or connected technology capable of collecting consumer data for the purpose of modifying prices — and notably, the definition in Section 2(4) covers such systems regardless of whether they are enabled or actively utilized. The section expires June 30, 2031, giving the legislature time to act on the Department of Commerce study required by Section 8.
The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumerConsumer"Consumer" means a natural person who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a person in Washington state creates the presumption that the person is a Washington resident.Sec. 2(3) protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumerConsumer"Consumer" means a natural person who is a Washington resident and who acts only in an individual or household context, however identified, including by any unique identifier. The location of a person in Washington state creates the presumption that the person is a Washington resident.Sec. 2(3) protection act, chapter 19.86 RCW.
Section 5 declares that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of Washington's Consumer Protection Act (RCW 19.86). Violations are per se unfair or deceptive acts in trade or commerce and unfair methods of competition. This eliminates the need for a plaintiff or the Attorney General to separately prove that the violative conduct is unreasonable — a violation of the chapter is automatically actionable under the CPA. This section creates no independent compliance obligation; it is an enforcement mechanism provision.
This chapter shall be known as the "fair pricing and transparency act."
Section 6 establishes the short title of the chapter as the "Fair Pricing and Transparency Act." This section creates no compliance obligation.
Sections 2 through 6 of this act constitute a new chapter in Title 19 RCW.
Section 7 is a codification directive placing Sections 2 through 6 as a new chapter in Title 19 RCW. No compliance obligation is created.
(1) 5 The department shall study the use of electronic shelf label systemsElectronic shelf label system"Electronic shelf label system" means any hardware, software, or connected technology used to display or update prices electronically, including electronic shelf labels, pricing servers, wireless beacons, and consumer-facing applications, that have the capacity, directly or indirectly, to collect, receive, infer, analyze, or use consumer data for the purpose of modifying, personalizing, or varying the price of goods. Any electronic shelf label system, regardless of whether it is enabled, disabled, or actively utilized, is an electronic shelf label system for the purposes of this act.Sec. 2(4), as defined in section 2 of this act, and the impact of such systems on pricing transparency and employee job security. The department shall submit a report to the legislature with its findings and recommendations by June 30, 2029, in compliance with RCW 43.01.036.
(2) This section expires June 30, 2031.
Section 8 directs the Department of Commerce to study the use of electronic shelf label systems and their impact on pricing transparency and employee job security, with a report due to the legislature by June 30, 2029. This obligation falls on a state agency rather than on private businesses, and it expires June 30, 2031. While not a private-sector compliance obligation, it signals the legislature's intent to revisit the electronic shelf label moratorium based on the study's findings.