Pricing Based on Collection of Consumer Information
HB 1499 creates the “Florida Consumer Privacy Act” and adds a new section to the Florida Statutes prohibiting “surveillance pricing.” The bill defines surveillance pricing broadly as setting individualized prices for goods or services based, in whole or in part, on covered consumer information collected through surveillance or targeted pricing technologies such as sensors, cameras, device tracking, cookies, biometric monitoring, and other forms of observation or data collection. It also treats certain forms of dynamic pricing as surveillance pricing when prices are adjusted in real time using consumer behavior or other data.
The bill generally makes it unlawful to charge, offer, or accept an increased price for goods or services based on this type of consumer data, while preserving exceptions for objective cost differences, publicly disclosed discounts, loyalty programs, broadly defined group discounts, and certain insurance and credit-related analyses. It also requires a clear and conspicuous disclosure when surveillance pricing is advertised or published, stating that the price was set using the consumer’s personal information. The act takes effect July 1, 2026.
HB 1499 would create new consumer privacy and pricing restrictions in Florida law by adding s. 501.003, F.S. It would regulate how businesses collect and use personal information for pricing, limit individualized pricing practices, and impose disclosure requirements for any advertised surveillance pricing. The bill also authorizes enforcement by the Attorney General and state attorneys, as well as private civil actions, with civil penalties, damages, disgorgement, injunctive relief, and attorney fees available. It further voids waivers of these rights and prohibits businesses from denying goods or services to consumers who assert protections under the section.
Based on the bill text and the absence of recorded committee debate or votes in the provided materials, the measure appears to be framed as a consumer-protection bill aimed at transparency and limiting data-driven price discrimination. Its structure suggests support for privacy rights, fair pricing, and disclosure, while preserving common business practices such as loyalty programs and cost-based price differences. Because no transcripts or vote history are provided, there is no documented legislative sentiment beyond the bill’s pro-consumer framing.
The main points of contention are likely to be the breadth of the surveillance pricing definition and whether the bill would restrict legitimate dynamic pricing, targeted marketing, or data-driven business models. Businesses may object to the inclusion of cookies, device tracking, biometric data, payment method-based pricing, and real-time market-based pricing within the prohibition, while consumer advocates would likely support the ban and disclosure requirements. The bill attempts to address some concerns by carving out exceptions for objective costs, disclosed discounts, loyalty programs, insurers, and credit analysts, but the scope of the prohibited conduct remains broad.