A BILL to amend and reenact § 59.1-200 of the Code of Virginia and to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 60, consisting of sections numbered 59.1-614, 59.1-615, and 59.1-616, relating to surveillance pricing; prohibited; civil penalties.
HB121 would prohibit “surveillance pricing” in consumer transactions in Virginia. The bill defines surveillance pricing as charging a customized price to a specific consumer or group of consumers based, in whole or in part, on personal data collected through electronic surveillance technology such as sensors, cameras, device tracking, biometric monitoring, or other observation and data-collection tools. It also defines personal data broadly and makes clear that the pricing practice is covered whether the seller collected the data directly or purchased it from another source.
The bill creates a new Chapter 60 in Title 59.1 and adds a new prohibited practice to the Virginia Consumer Protection Act. A violation of the new chapter would be treated as a prohibited practice under § 59.1-200 and would be enforceable under the Consumer Protection Act’s existing remedies and civil penalty framework. The bill also amends § 59.1-200 to add the new chapter to the long list of unlawful consumer practices already covered by Virginia law.
If enacted, HB121 would expand Virginia consumer protection law by expressly banning surveillance-based personalized pricing and by tying violations to the enforcement mechanisms of the Virginia Consumer Protection Act. It would affect suppliers engaged in retail or other consumer transactions and could expose violators to civil penalties and other remedies available under existing consumer protection statutes. The bill also preserves several exceptions, including cost-based price differences, publicly disclosed discounts, loyalty or membership programs, and discounts tied to a consumer’s knowing and specific disclosure of personal data.
The available legislative history suggests the bill did not advance out of committee and was continued to the next session by voice vote in Labor and Commerce. That procedural outcome indicates limited immediate support or at least insufficient consensus to move the measure forward during the session. No recorded floor votes or committee transcripts are provided, so the overall sentiment can only be characterized as cautious or unresolved rather than strongly favorable or opposed.
The main policy issue is whether pricing that uses consumer data gathered through surveillance or digital tracking should be treated as an unfair consumer practice. Supporters would likely view the bill as a privacy and fairness measure aimed at preventing hidden price discrimination, while opponents may argue that it could restrict legitimate dynamic pricing, targeted discounts, and data-driven marketing. The bill itself anticipates some of those concerns by exempting cost-based differences, loyalty programs, broadly defined group discounts, and discounts offered after a consumer knowingly provides data. The broad scope of the definitions, especially the inclusion of purchased data and a wide range of surveillance technologies, is likely the most significant point of contention.