Pricing Based on Collection of Consumer Information
This bill creates the Florida Consumer Privacy Act and adds a new section to the Florida Statutes prohibiting “surveillance pricing.” In general, it would make it unlawful to set or charge a personalized price for goods or services based, in whole or in part, on covered consumer information collected through targeted pricing technologies or other surveillance methods. The bill defines covered information broadly to include identifiers, purchasing history, biometric and health data, online activity, geolocation, device and payment information, and inferences drawn from that data. It also treats certain forms of dynamic pricing as surveillance pricing when they rely on consumer data or observation to adjust prices.
The bill includes several exceptions. It would not apply to cost-based price differences tied to objective factors like shipping or tax costs, certain publicly disclosed discounts, loyalty or rewards programs, broadly defined group discounts such as those for veterans, teachers, seniors, or students, and certain insurance and credit-related analyses governed by existing law. If a business advertises or publishes a surveillance-priced offer, it must include a clear disclosure stating that the price was set using surveillance methods and personal consumer information. The bill also bars businesses from requiring consumers to waive these protections or denying access to goods or services because a consumer asserts rights under the law.
If enacted, the bill would create new civil enforcement authority for the Attorney General and state attorneys, as well as a private right of action for aggrieved consumers. Violations could trigger civil penalties of up to $1,500 per violation, damages, disgorgement of revenues, attorney fees, costs, and injunctive or declaratory relief. The measure is structured to supplement, rather than replace, other state or federal remedies, and it expressly states that it does not preempt other available rights or defenses.
Because there are no committee transcripts or recorded votes provided, the available context does not show formal legislative debate or partisan division. Based on the bill text alone, the measure appears aimed at consumer privacy and transparency, with a strong regulatory approach toward data-driven pricing practices. The main policy tension is between consumer protection advocates, who may support limits on personalized pricing and hidden data use, and businesses that rely on targeted pricing, loyalty programs, or dynamic pricing models and may view the bill as restrictive or operationally burdensome.
The bill would create a new consumer-protection statute in chapter 501, Florida Statutes, regulating how businesses may use personal information in pricing decisions. It would prohibit surveillance pricing, require disclosures for advertised surveillance-priced offers, restrict the use of collected data for discounts and loyalty programs, and authorize enforcement by state prosecutors and private plaintiffs. It would also make any waiver of these protections void as against public policy, affecting contracts, terms of service, and dispute-resolution provisions that attempt to limit consumer rights under the section.
No committee discussion or vote history is provided, so there is no recorded legislative sentiment to summarize from debate or roll calls. From the bill’s structure and findings, the measure reflects a consumer-privacy and anti-discrimination policy posture, suggesting support from advocates concerned about hidden data use and price manipulation. At the same time, the breadth of the restrictions and the private enforcement provisions suggest likely concern from retailers, technology companies, advertisers, and other businesses that use dynamic pricing, targeted offers, or loyalty-based discounts.
The main points of contention are likely to be the bill’s broad definition of surveillance pricing, which reaches personalized pricing based on a wide range of consumer data, and its inclusion of dynamic pricing within that concept. Businesses may object that the bill could limit common pricing practices, including promotional discounts, loyalty programs, and data-informed pricing tools. Another likely flashpoint is enforcement: the bill creates substantial civil penalties, disgorgement, and a private right of action, which could be viewed as increasing litigation risk. Supporters, by contrast, would likely emphasize transparency, consumer consent, and limits on hidden or discriminatory pricing based on personal data.