difference in pricing; prohibition; penalty

HB2489 - 572R - I Ver

REFERENCE TITLE:
difference in pricing; prohibition; penalty

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2489

Introduced by

Representative
De Los Santos

AN
ACT

amending title 44, chapter 9, arizona
revised statutes, by adding article 27; relating to commerce.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 44, chapter 9, Arizona Revised
Statutes, is amended by adding article 27, to read:

ARTICLE 27. PRICE REGULATIONS

START_STATUTE
44-1383.

Definitions

In this article, unless the context otherwise
requires:

1. "Personal data":

(
a
) Means any
information, including a unique identifier, that is linked or reasonably
linkable alone or in combination with other information to an identified or
identifiable individual or a device that identifies or is linked or reasonably
linkable to an individual.

(
b
) Does not
include deidentified data or publicly available information.

2. "Personal information"
has the same meaning prescribed in section 18-551.

3. "Surveillance pricing":

(
a
) Means
offering or setting a customized price for a good or service for a specific
consumer or group of consumers that is based in whole or in part on personal
information.�

(
b
) Includes
the use of technological methods that are capable of gathering personal
information about a consumer's behavior, characteristics, location or other
personal attributes, including the use of any of the following:

(
i
) Sensors.

(
ii
) Cameras.

(
iii
) Device
tracking.

(
iv
) Biometric
monitoring.

(
v
) Any other
form of observation for data collection.
END_STATUTE

START_STATUTE
44-1383.01.

Surveillance pricing; prohibitions; applicability; civil penalty;
investigation; definitions

A. A person may not engage is
surveillance pricing.�

B. A person is not engaged in
surveillance pricing if any of the following applies:

1. The difference in pricing is based
solely on the differences in costs that are associated with providing a good or
service to different consumers.

2. The difference in pricing either:

(
a
) Is based on
publicly disclosed ELIGIBILITY criteria that any consumer could potentially
satisfy, including:

(
i
) Signing up
for a mailing list.

(
ii
) Registering
for promotional communications.

(
iii
) Participating
in a promotional event.

(
b
) includes terms and criteria that explain why the consumer
received a difference in pricing and that are clearly and conspicuously
disclosed in understandable terms and conveyed in such a manner that an
ordinary consumer would notice and understand.

3. The difference in pricing is
offered or provided to a commonly understood social grouping such as teachers,
veterans, senior citizens or students and both of the following apply:

(
a
) The terms
and criteria for RECEIVING the difference in pricing are publicly available and
conveyed clearly and conspicuously and are disclosed in clear and prominent
terms in such a manner that an ordinary consumer would notice and understand.

(
b
) Any
consumer may obtain the difference in pricing if the consumer can demonstrate
participation in a commonly understood social group.

4. A discounted price is offered as
part of a loyalty program, membership program or rewards program that:

(
a
) Is
available to any consumer in the loyalty program, membership program or rewards
program who satisfies the terms, eligibility criteria or conditions and prices
are not individualized for consumers as part of the loyalty program, membership
program or rewards program.

(
b
) INcludes
current discounts, promotions, rewards or any other benefits that are provided
to loyalty program members and are disclosed clearly and conspicuously on equal
terms in such a manner that an ordinary consumer would notice and understand.

(
c
) Allows a
consumer to accrue and exchange points, credits or any similar nonmonetary
system of value for a product or service and does not charge a different price
for the points, credits or similar nonmonetary system of value to different consumers
for the same or a substantially similar product or service.

5. The difference in pricing is
allowed pursuant to title 20.

C. This chapter does not apply to
credit products as prescribed in 15 united states code section 1981 (P.L. 91-508;
84 Stat. 1114).

D. In addition to any other remedy at
law, a person that violates this section is subject to civil penalty of not
more than $3,500 for each violation.

E. The attorney general may
investigate any violation of this section and take action pursuant to chapter
10, article 7 of this title.

F. Notwithstanding any other law and
pursuant to The federal arbitration act as prescribed in title 9, united states
code sections 1 through 16, a predispute arbitration agreement or predispute
joint action waiver between a person that is in violation of this section and
another person is invalid and unenforceable for the purpose of a person
bringing a civil action against another person pursuant to this
section.

g. For
the purposes of this subsection:

1. "predispute
arbitration agreement" means any agreement to arbitrate a dispute that has
not arisen at the time of making the agreement.

2. "Predispute joint action
waiver" means an agreement, including as part of a predispute arbitration
agreement, that would restrict or waive the right of one of the parties to the
agreement to participate in a joint, class or COLLECTIVE action in a JUDICIAL,
arbitral, administrative or other forum concerning a dispute that has not
arisen at the time of making the agreement.
END_STATUTE