Delaware2025Passed Legislature

HA1TOHS1FORHB453

Amendment Clarifying Exceptions for Discounts and Price Discrimination

Last scannedAug 24, 2026, 10:01 AM

In one sentence

This amendment clarifies exceptions in House Bill No. 453 by changing who can offer discounts, removing limits on purchase history usage, adding insurance producers to the exempt list, and defining specific financial terms.

Changes the word 'establishment' to 'person' so that any person may offer consumers a discount, promotional price, or loyalty program benefit without violating prohibitions.
Removes language regarding the usage of consumer purchase history from the exceptions section.
Adds a statement saying the list of examples is illustrative and does not limit other allowed actions under subsection (c).
Adds 'insurance producer' to the group of people who are exempt from certain restrictions alongside insurers.
Includes definitions for financial institution, affiliate, and non-affiliated third party in the exemption rules based on federal law.

The official material does not state when this amendment will take effect.
The specific details of how these changes interact with other parts of House Bill No. 453 are not fully detailed beyond the listed amendments.
The exact scope of activities allowed under the new 'person' exception is limited to general examples provided in the text.

Plain language

Surveillance-based price discrimination: A practice where a person charges different prices based on data collected about consumers, which this amendment helps define exceptions for.
Insurance producer: A group added to the list of exempted persons alongside insurers in this amendment.
Gramm-Leach-Bliley Act: Federal law referenced in the text that regulates activities for financial institutions, affiliates, and non-affiliated third parties mentioned in the exemptions.

Official record

Source attached

This Amendment clarifies the scope of the exceptions to the substitute bill.