HB26-1210 • 2026

Prohibit Surveillance Price & Wage Setting

Surveillance data is defined in the bill as data that is obtained through observation, inference, or surveillance of consumers or workers and that is related to personal characteristics, online behavi

Children Labor Privacy Technology

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Rep. J. Bacon, Rep. J. Mabrey, Sen. I. Jodeh, Sen. M. Weissman, Rep. K. Brown, Rep. C. Clifford, Rep. M. Froelich, Rep. L. García, Rep. M. Lindsay, Rep. M. Martinez, Rep. T. Mauro, Rep. K. Nguyen, Rep. M. Rutinel, Rep. E. Sirota, Rep. L. Smith, Rep. T. Story, Rep. B. Titone, Rep. J. Willford, Rep. S. Woodrow, Rep. Y. Zokaie, Sen. L. Cutter, Sen. W. Lindstedt, Sen. J. Marchman, Sen. T. Sullivan, Sen. K. Wallace, Rep. J. Joseph, Rep. S. Lieder, Rep. E. Velasco
Last action: 2026-04-01
Official status: Introduced In Senate - Assigned to Business, Labor, & Technology
Effective date: Not listed

Plain English Breakdown

The official summary does not provide specific details about the implementation of enforcement rules, leaving some uncertainty.

Ban on Using Personal Data for Pricing and Wages

This bill stops businesses from using personal data to set prices or wages for consumers and workers.

What This Bill Does

Defines 'surveillance data' as information collected about individuals through observation, inference, or surveillance that relates to their personal characteristics, online behaviors, or biometrics.
Prohibits the use of automated decision systems based on price or wage setting algorithms (PWSAs) that rely on surveillance data for individualized pricing and wages.
Requires businesses using PWSAs to develop procedures ensuring the accuracy of data used in these systems and allows workers to request information about collected data and correct inaccuracies.
Allows the attorney general or district attorneys to sue violators and permits individuals harmed by violations to seek damages, costs, and legal fees.
Classifies violations as deceptive trade practices under Colorado's Consumer Protection Act.

Who It Names or Affects

Businesses that use automated decision systems for setting prices or wages based on surveillance data.
Consumers who are affected by individualized pricing decisions.
Workers whose wages may be influenced by such algorithms.

Terms To Know

Automated Decision System: A system that uses technology to make decisions, often involving artificial intelligence or data processing techniques.
Price or Wage Setting Algorithm (PWSA): An algorithm used by businesses to set prices for consumers or wages for workers based on surveillance data.

Limits and Unknowns

The bill does not apply to federal and state employees, as well as employees of public entities.
It is unclear how the enforcement rules will be implemented in practice.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

L.001

HOU Business Affairs & Labor

Passed [*]

Plain English: The amendment adds new definitions and prohibitions related to using surveillance data for individualized price or wage setting in Colorado.

Adds a new section to the Colorado Revised Statutes that defines terms such as 'biometrics', 'consumer', 'individualized', 'price', 'wage', and 'surveillance data'.
Prohibits businesses from using algorithms based on surveillance data to set individual prices or wages.
Specifies exceptions where differential pricing is allowed, like when it's justified by differences in cost or supply and demand.

The amendment text was cut off at the end, so some details about specific prohibitions and exceptions are not fully provided.

L.003

Second Reading

Passed [**]

Plain English: The amendment changes the definition of 'online behaviors' and makes other minor edits to the bill text.

Defines 'online behaviors' as an individual's actions, habits, preferences, affiliations, associations, financial circumstances, or interests that are observable, measurable, or inferred through digital observation or surveillance.
Adds language after certain instances of 'DISCOUNT' to clarify it means a discount below the price previously offered to the consumer.
Replaces 'INTERACTION' with 'INTERACTIONS' in one place and makes other minor edits.

The amendment text does not provide full context for all changes, so some details are limited.

L.004

Second Reading

Passed [**]

Plain English: The amendment adds a definition for loyalty, membership, or rewards programs in the bill and removes certain lines related to surveillance data.

Adds a new subsection (7) defining 'loyalty, membership, or rewards program' as a voluntary consumer benefit program established by businesses or third-party partners.
Removes specific language about 'purposes of this section' and related details on page 4 lines 20 through 29.

The amendment text does not fully explain the context or implications of removing certain lines, making it unclear what exactly is being removed beyond the specified line numbers.

L.006

Second Reading

Lost [**]

Plain English: The amendment adds new rules about when it is illegal to use surveillance data against consumers or workers, and limits the situations where enforcement can happen.

Adds a definition of 'material economic harm' as nontrivial monetary impact that results in different prices or wages for similar individuals.
Specifies that violations occur only if someone knowingly uses surveillance data causing material economic harm or unfair practices.
Includes an exception for isolated and inadvertent use of surveillance data if reasonable policies are in place.

The amendment text does not specify all the details about how enforcement will work, leaving some aspects unclear.

L.007

Second Reading

Lost [**]

Plain English: The amendment changes the timing for when certain rules must be made by the Attorney General to enforce a law about surveillance data and adds details on what those rules should cover.

Adds that the Attorney General must create rules before January 1, 2028, to clarify key terms like 'surveillance data' and set clear compliance standards for using data analytics tools.
Requires the Attorney General to publish public guidance by July 1, 2028, describing what is expected for compliance with the law.

The amendment text does not explain how these changes will affect businesses or individuals beyond setting deadlines and requirements for rule-making.

L.008

Second Reading

Lost [**]

Plain English: The amendment changes how 'surveillance data' is defined in the bill by specifying that it includes data collected through monitoring or tracking of consumers and workers without their voluntary consent, unless such collection is necessary for completing a transaction or providing a requested product or service.

Changes the definition of 'surveillance data' to include data collected through monitoring or tracking of individuals without their voluntary consent.
Removes specific lines from the committee report that are no longer needed after this amendment.

The exact impact and scope of removing certain lines from the committee report is not fully explained in the provided text.

L.010

Second Reading

Lost [**]

Plain English: The amendment changes the requirement for businesses to maintain reasonable internal procedures regarding surveillance data instead of developing and publishing such procedures, and it removes certain disclosure obligations.

Changes 'DEVELOP AND PUBLISH REASONABLE PROCEDURES' to 'MAINTAIN REASONABLE INTERNAL PROCEDURES'.
Removes the requirement for businesses to disclose information about algorithms and other details to affected workers or consumers upon request.

The amendment text does not provide full context on what specific internal procedures are required, which limits a complete understanding of the changes.
It is unclear how this change will affect existing practices regarding algorithm transparency and consumer/worker rights.

L.011

Second Reading

Lost [**]

Plain English: The amendment changes the bill to prohibit employers from using surveillance data unrelated to job duties, qualifications, productivity, or experience when setting wages for workers and applicants.

Adds a new rule that prohibits employers from using individualized wage-setting algorithms based on irrelevant surveillance data.
Includes specific factors that can be used in determining compensation, such as seniority, merit, production quality, geographic labor-market conditions, shift differentials, or other legitimate business reasons.

The amendment text does not specify what constitutes 'surveillance data' and how it is to be distinguished from relevant job-related information.
It's unclear if the new rule will affect existing wage-setting practices that rely on broad categories of data, including some forms of surveillance.

L.012

Second Reading

Lost [**]

Plain English: The amendment adds a new rule that stops businesses from using certain types of personal data to set prices for consumers in ways that take advantage of the consumer's weaknesses or make it hard for them to make informed choices.

Adds a prohibition on setting prices based on surveillance data unrelated to the transaction, product, or service if such data is used primarily to exploit vulnerabilities or impair decision-making.
Specifies exceptions allowing price differentiation based on factors like demand, inventory, cost, purchase history, and loyalty programs.

The amendment text does not specify penalties for violations of the new rule.

Bill History

2026-04-01 Senate
Introduced In Senate - Assigned to Business, Labor, & Technology
2026-03-27 House
House Third Reading Passed - No Amendments
2026-03-26 House
House Second Reading Special Order - Passed with Amendments - Committee, Floor
2026-03-17 House
House Second Reading Laid Over Daily - No Amendments
2026-03-12 House
House Committee on Business Affairs & Labor Refer Amended to House Committee of the Whole
2026-02-13 House
Introduced In House - Assigned to Business Affairs & Labor

Official Summary Text

Surveillance data is defined in the bill as data that is obtained through observation, inference, or surveillance of consumers or workers and that is related to personal characteristics,
online
behaviors, or biometrics of an individual or group
, band, class, or tier to which the individual belongs. The definition of 'worker' excludes federal and state employees and employees of public entities.
The bill prohibits discrimination against a consumer or worker through the use of
automated decision systems used to engage

a price or wage setting algorithm (PWSA) that uses statistical modeling, data analytics, artificial intelligence, or other data processing techniques to analyze surveillance data, the output of which is a substantial factor
in:
Individualized price setting
based on surveillance data regarding

used to determine the amount charged to
a consumer; or
Individualized wage setting
based on surveillance data regarding

used to determine the wage offered to
a worker.

An automated decision system is defined in the bill and includes, in part, information derived from any technology, software, program, machine-based system, or computational process that uses artificial intelligence or other data processing techniques to assist, inform, or replace human decision-making.
The bill also specifies activities that are not prohibited as individualized price or wage setting based on surveillance data regarding a consumer or worker.

A person that uses a PWSA shall develop and publish reasonable procedures to ensure the accuracy of data considered by the PWSA, to allow workers to request and receive information about what data is collected by the PWSA when setting particular wages, and to allow a worker to correct or challenge the accuracy of that data.

The attorney general or a district attorney may bring a civil action on behalf of the state against a person that violates the prohibition against individualized price or wage setting based on surveillance data to seek the imposition of civil penalties. In addition, a person aggrieved by a violation of the prohibition specified in the bill may bring a civil action on behalf of themself or a group of similarly situated persons to restrain further violations and to recover damages, costs, and reasonable attorney fees.

The bill authorizes the attorney general to adopt rules to implement and enforce the bill.
A violation of the prohibition against individualized price setting or individualized wage setting is a deceptive trade practice under the 'Colorado Consumer Protection Act'
(act), and is subject to the enforcement and penalty provisions authorized under the act.
(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Current Bill Text

Read the full stored bill text

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 26-0542.01 Brita Darling x2241 HOUSE BILL 26-1210
House Committees Senate Committees
Business Affairs & Labor
A BILL FOR AN ACT
CONCERNING LIMITING THE USE OF INTIMATE PERSONAL DATA TO101
MAKE INFERENCES THAT IMPACT A PERSON 'S FINANCIAL102
POSITION.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
Surveillance data is defined in the bill as data that is obtained
through observation, inference, or surveillance of consumers or workers
and that is related to personal characteristics, behaviors, or biometrics of
an individual or group. The bill prohibits discrimination against a
consumer or worker through the use of automated decision systems used
HOUSE
3rd Reading Unamended
March 27, 2026
HOUSE
Amended 2nd Reading
March 26, 2026
HOUSE SPONSORSHIP
Bacon and Mabrey, Brown, Clifford, Froelich, Garcia, Lindsay, Martinez, Mauro, Nguyen,
Rutinel, Sirota, Smith, Story, Titone, Willford, Woodrow, Zokaie, Joseph, Lieder, Velasco
SENATE SPONSORSHIP
Weissman and Jodeh, Cutter, Lindstedt, Marchman, Sullivan, Wallace
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
to engage in:
! Individualized price setting based on surveillance data
regarding a consumer; or
! Individualized wage setting based on surveillance data
regarding a worker.
An automated decision system is defined in the bill and includes,
in part, information derived from any technology, software, program,
machine-based system, or computational process that uses artificial
intelligence or other data processing techniques to assist, inform, or
replace human decision-making.
The bill also specifies activities that are not prohibited as
individualized price or wage setting based on surveillance data regarding
a consumer or worker.
The attorney general or a district attorney may bring a civil action
on behalf of the state against a person that violates the prohibition against
individualized price or wage setting based on surveillance data to seek the
imposition of civil penalties. In addition, a person aggrieved by a
violation of the prohibition specified in the bill may bring a civil action
on behalf of themself or a group of similarly situated persons to restrain
further violations and to recover damages, costs, and reasonable attorney
fees.
A violation of the prohibition against individualized price setting
or individualized wage setting is a deceptive trade practice under the
"Colorado Consumer Protection Act".
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 6-1-105, add2
(1)(qqqq) as follows:3
6-1-105. Unfair or deceptive trade practices - definitions.4
(1) A person engages in a deceptive trade practice when, in the5
course of the person's business, vocation, or occupation, the person:6
(qqqq) VIOLATES PART 19 OF THIS ARTICLE 1.7
SECTION 2. In Colorado Revised Statutes, add part 19 to article8
1 of title 6 as follows:9
PART 1910
PROHIBITING INDIVIDUALIZED PRICE11
1210-2-
AND WAGE SETTING USING SURVEILLANCE DATA1
6-1-1901. Definitions.2
AS USED IN THIS PART 19, UNLESS THE CONTEXT OTHERWISE3
REQUIRES:4
(1) " B IOMETRICS" HAS THE SAME MEANING AS "BIOMETRIC5
IDENTIFIER", AS DEFINED IN SECTION 6-1-1303, AND INCLUDES BIOMETRIC6
IDENTIFIERS ASSOCIATED WITH A WORKER.7
(2) " C ONSUMER" HAS THE MEANING SET FORTH IN SECTION8
6-1-732 (1)(d).9
(3) "INDIVIDUALIZED" MEANS SPECIFIC TO OR INFERRED ABOUT AN10
INDIVIDUAL OR GROUP , BAND, CLASS, OR TIER OF INDIVIDUALS WITH11
PARTICULAR PERSONAL CHARACTERISTICS, ONLINE BEHAVIORS, OR12
BIOMETRICS.13
(4) (a) "INDIVIDUALIZED PRICE SETTING" MEANS USING A PWSA14
OR THE OUTPUT OF A PWSA IN DETERMINING A PRICE OFFERED TO A15
CONSUMER.16
(b) "INDIVIDUALIZED PRICE SETTING" DOES NOT INCLUDE THE USE17
OF LOCATION DATA OR AN INTERNET PROTOCOL ADDRESS SOLELY FOR THE18
PURPOSE OF DETERMINING THE JURISDICTION WHERE AN INDIVIDUAL IS19
LOCATED IF THE LOCATION DATA OR INTERNET PROTOCOL ADDRESS IS20
USED SOLELY FOR THE PURPOSE OF:21
(I) L IMITING OFFERED PRODUCTS OR SERVICES TO THOSE22
AVAILABLE IN THAT JURISDICTION;23
(II) DISPLAYING PRICES IN THE APPROPRIATE CURRENCY;24
(III) CALCULATING JURISDICTION-SPECIFIC TAXES; OR25
(IV) C OMPLYING WITH JURISDICTION-SPECIFIC DISCLOSURE OR26
OTHER REGULATORY REQUIREMENTS.27
1210-3-
(5) (a) "INDIVIDUALIZED WAGE SETTING" MEANS USING A PWSA1
OR THE OUTPUT OF A PWSA IN DETERMINING A WAGE OFFERED TO A2
WORKER.3
(b) "INDIVIDUALIZED WAGE SETTING" DOES NOT INCLUDE:4
(I) A PERSON'S DECISION NOT TO HIRE AN INDIVIDUAL WHO HAS5
NOT PREVIOUSLY WORKED FOR OR THROUGH THE PERSON OR THE PERSON'S6
AFFILIATES OR SUBSIDIARIES; OR7
(II) P AY EQUITY STUDIES, COMPENSATION REVIEWS, OR OTHER8
ACTIVITIES NECESSARY TO COMPLY WITH FEDERAL AND STATE9
ANTIDISCRIMINATION AND PAY EQUITY LAWS.10
(6) "INSURER" HAS THE MEANING SET FORTH IN SECTION 10-1-102.11
(7) "LOYALTY, MEMBERSHIP, OR REWARDS PROGRAM" MEANS A12
LOYALTY, REWARDS , OR CLUB CARD PROGRAM ESTABLISHED FOR THE13
GENUINE PURPOSE OF PROVIDING BENEFITS TO CONSUMERS WHO14
VOLUNTARILY PARTICIPATE IN THAT PROGRAM, REGARDLESS OF WHETHER15
THOSE BENEFITS ARE PROVIDED DIRECTLY BY A BUSINESS OR THROUGH A16
LOYALTY PROGRAM PARTNER. AS USED IN THIS SUBSECTION (7), "LOYALTY17
PROGRAM PARTNER" MEANS A THIRD PARTY THAT PROVIDES LOYALTY,18
MEMBERSHIP, OR REWARDS PROGRAM BENEFITS TO CONSUMERS WHO19
CONSENT TO PARTICIPATE IN A LOYALTY, MEMBERSHIP, OR REWARDS20
PROGRAM OFFERED BY A DIFFERENT SELLER.21
(8) " O NLINE BEHAVIORS" MEANS AN INDIVIDUAL'S ACTIONS,22
HABITS, PREFERENCES , AFFILIATIONS , ASSOCIATIONS , FINANCIAL23
CIRCUMSTANCES, OR INTERESTS THAT ARE OBSERVABLE, MEASURABLE, OR24
INFERRED THROUGH DIGITAL, ONLINE, OR ELECTRONIC OBSERVATION OR25
SURVEILLANCE OF A CONSUMER OR WORKER , INCLUDING ASSOCIATIONS26
WITH, SIMILARITIES TO, OR DIFFERENCES FROM A GROUP, BAND, CLASS, OR27
1210-4-
TIER OF OTHER INDIVIDUALS.1
(9) "PERSONAL CHARACTERISTICS" INCLUDES PERSONAL DATA, AS2
DEFINED IN SECTION 6-1-1303 (17)(a), INCLUDING PUBLICLY AVAILABLE3
INFORMATION; SENSITIVE DATA, AS DEFINED IN SECTION 6-1-1303 (24);4
GENETIC INFORMATION, AS DEFINED IN SECTION 10-3-1104.6 (2)(c); AND5
BOTH MUTABLE AND IMMUTABLE QUALITIES, FEATURES, ATTRIBUTES, OR6
TRAITS OF AN INDIVIDUAL.7
(10) "PRICE" MEANS THE AMOUNT CHARGED TO A CONSUMER IN8
RELATION TO A TRANSACTION, INCLUDING ALL RELATED COSTS AND FEES9
AND OTHER MATERIAL TERMS OF THE TRANSACTION THAT HAVE A DIRECT10
BEARING ON THE AMOUNT PAID BY THE CONSUMER.11
(11) "PRICE OR WAGE SETTING ALGORITHM" OR "PWSA" MEANS12
ANY TECHNOLOGY, SOFTWARE, PROGRAM, MACHINE-BASED SYSTEM, OR13
COMPUTATIONAL PROCESS THAT:14
(a) USES STATISTICAL MODELING, DATA ANALYTICS, ARTIFICIAL15
INTELLIGENCE, OR OTHER DATA PROCESSING TECHNIQUES TO ANALYZE16
SURVEILLANCE DATA; AND17
(b) I S A SUBSTANTIAL FACTOR IN SETTING , OFFERING, OR18
DETERMINING A PRICE OR A WAGE OFFERED TO AN INDIVIDUAL.19
(12) "SUBSTANTIAL FACTOR" MEANS MORE THAN A DE MINIMIS OR20
INCIDENTAL FACTOR THAT INFORMS THE PRICE OR WAGE OFFERED TO AN21
INDIVIDUAL.22
(13) (a) "SURVEILLANCE DATA" MEANS DATA OBTAINED THROUGH23
OBSERVATION, INFERENCE, OR SURVEILLANCE OF A CONSUMER OR24
WORKER THAT IS RELATED TO PERSONAL CHARACTERISTICS, ONLINE25
BEHAVIORS, OR BIOMETRICS OF THE INDIVIDUAL OR A GROUP, BAND,26
CLASS, OR TIER TO WHICH THE INDIVIDUAL BELONGS.27
1210-5-
(b) "SURVEILLANCE DATA" INCLUDES INFORMATION GATHERED,1
PURCHASED, OR OTHERWISE ACQUIRED.2
(14) "WAGE" MEANS THE MATERIAL TERMS OFFERED TO A WORKER3
IN EXCHANGE FOR LABOR, INCLUDING THE AMOUNT TO BE PAID FOR THE4
LABOR, WHETHER PAID BY TIME RATE, PIECE RATE, SALARY , BONUSES,5
COMMISSIONS, AND OTHER INCENTIVES AND TASK ASSIGNMENTS THAT6
HAVE A DIRECT IMPACT ON EARNINGS.7
(15) (a) "WORKER" MEANS AN INDIVIDUAL PERFORMING WORK FOR8
WAGES OR OTHER COMPENSATION AND INCLUDES AN EMPLOYEE , AS9
DEFINED IN SECTION 8-4-101, AND ANY OTHER INDIVIDUAL PERFORMING10
WORK ON BEHALF OF OR FOR THE BENEFIT OF AN EMPLOYER OR OTHER11
PERSON.12
(b) "WORKER" DOES NOT INCLUDE A WORKER ENGAGED BY:13
(I) THE FEDERAL GOVERNMENT;14
(II) A PUBLIC ENTITY, AS DEFINED IN SECTION 24-10-103 (5); OR15
(III) THE STATE, AS DEFINED IN SECTION 24-10-103 (7).16
6-1-1902. Prohibition against individualized price or wage17
setting - publication of procedures.18
(1) Individualized price setting.19
(a) A PERSON SHALL NOT ENGAGE IN INDIVIDUALIZED PRICE20
SETTING.21
(b) A PERSON HAS NOT ENGAGED IN INDIVIDUALIZED PRICE22
SETTING IF THE PERSON CAN DEMONSTRATE THAT:23
(I) DIFFERENTIAL PRICES ARE JUSTIFIED BASED ON DIFFERENCES IN24
COST IN PROVIDING A GOOD OR SERVICE TO DIFFERENT CONSUMERS ,25
INCLUDING BASED ON CONSUMER SELECTIONS , DELIVERY DISTANCE, OR26
DELIVERY TIME;27
1210-6-
(II) D IFFERENTIAL PRICES ARE JUSTIFIED BY TEMPORAL1
DIFFERENCES, INCLUDING PRICE FLUCTUATIONS BASED ON SUPPLY AND2
DEMAND;3
(III) A PUBLIC DISCOUNTED PRICE IS OFFERED ON EQUAL TERMS4
PURSUANT TO PUBLICLY DISCLOSED ELIGIBILITY CRITERIA TO:5
(A) A LL CONSUMERS WHO MEET THE PUBLICLY DISCLOSED6
ELIGIBILITY CRITERIA, INCLUDING CRITERIA RELATED TO VOLUME7
PURCHASES, SIGNING UP FOR A MAILING LIST, REGISTERING FOR8
PROMOTIONAL COMMUNICATIONS, OR PARTICIPATING IN A PROMOTIONAL9
EVENT; OR10
(B) A LL MEMBERS OF A BROADLY DEFINED AND PUBLICLY11
RECOGNIZED GROUP OF CONSUMERS, INCLUDING TEACHERS, ACTIVE OR12
RETIRED MILITARY PERSONNEL, SENIOR CITIZENS, STUDENTS, OR13
RESIDENTS OF A CERTAIN AREA BASED ON PUBLICLY DISCLOSED14
ELIGIBILITY CRITERIA;15
(IV) A DISCOUNTED PRICE IS OFFERED ON EQUAL TERMS PURSUANT16
TO PUBLICLY DISCLOSED TERMS AND CONDITIONS TO ALL MEMBERS,17
ENROLLEES, OR PARTICIPANTS IN A LOYALTY, MEMBERSHIP, OR REWARDS18
PROGRAM.19
(V) T HE PERSON OPERATES AS AN INSURER COMPLYING WITH20
SECTION 10-3-1104.9 AND ASSOCIATED RULES AND ONLY INPUTS21
RISK-RELEVANT DATA INTO A PRICE OR WAGE SETTING ALGORITHM THAT22
INFORMS DECISIONS RELATED TO THE AMOUNT A CONSUMER MUST PAY23
FOR AN INSURANCE POLICY OR CONTRACT;24
(VI) D IFFERENTIAL PRICES ARE OFFERED OR PROVIDED TO A25
CONSUMER AS A GOOD FAITH CREDIT , REFUND, REBATE, OR DISCOUNT26
BELOW THE PRICE PREVIOUSLY OFFERED TO THE CONSUMER IN RESPONSE27
1210-7-
TO:1
(A) A CONSUMER'S COMPLAINT, INQUIRY, OR EXPRESSION OF2
DISSATISFACTION REGARDING A GOOD OR SERVICE;3
(B) A SERVICE DISRUPTION, ERROR, OR OTHER FAILURE TO DELIVER4
A GOOD OR SERVICE AS PROMISED OR EXPECTED;5
(C) A BILLING DISPUTE OR DISCREPANCY;6
(D) A REQUEST FOR ACCOUNT RETENTION OR CANCELLATION; OR7
(E) O THER CUSTOMER SERVICE INTERACTIONS IN WHICH THE8
PERSON PROVIDES A CREDIT, REFUND, REBATE, OR DISCOUNT BELOW THE9
PRICE PREVIOUSLY OFFERED TO THE CONSUMER TO ADDRESS A10
CONSUMER'S CONCERNS OR TO MAINTAIN THE CONSUMER RELATIONSHIP;11
(VII) D IFFERENTIAL PRICES ARE OFFERED PURSUANT TO THE12
FOLLOWING ESTABLISHED NEED-BASED DISCOUNT PROGRAMS THAT ARE13
PUBLICLY DISCLOSED AND STRUCTURED TO PROVIDE REDUCED PRICING OR14
FINANCIAL ASSISTANCE BASED ON OBJECTIVE ELIGIBILITY CRITERIA15
RELATED TO INCOME OR FINANCIAL NEED:16
(A) HOSPITAL DISCOUNTED CARE;17
(B) SLIDING SCALE FEES; OR18
(C) CHARITY CARE OR MEDICAL FINANCIAL ASSISTANCE POLICIES; 19
(VIII) T HE PERSON AND CONSUMER HAVE A SUBSCRIPTION OR20
OTHER CONTINUOUS AGREEMENT THAT INCLUDES A MONTHLY OR OTHER21
RECURRING PRICE THAT WAS NOT INFORMED BY A PWSA; OR;22
(IX) A REFUSAL TO EXTEND CREDIT ON SPECIFIC TERMS OR THE23
REFUSAL TO ENTER INTO A FINANCIAL TRANSACTION WITH A SPECIFIC24
CONSUMER IS BASED ON DATA PROVIDED IN A CONSUMER REPORT25
COVERED BY THE FEDERAL "FAIR CREDIT REPORTING ACT", 15 U.S.C.26
SEC. 1681 ET SEQ., OR REQUIRED TO BE PROVIDED AS PART OF THE27
1210-8-
APPLICATION FOR THE FINANCIAL TRANSACTION.1
(2) Individualized wage setting.2
(a) A PERSON SHALL NOT ENGAGE IN INDIVIDUALIZED WAGE3
SETTING.4
(b) A PERSON HAS NOT ENGAGED IN INDIVIDUALIZED WAGE5
SETTING IF THE PERSON CAN DEMONSTRATE THAT:6
(I) THE PERSON OFFERS INDIVIDUALIZED WAGES BASED SOLELY ON7
DATA SPECIFIC TO THE INDIVIDUAL WORKER THAT IS DIRECTLY RELATED8
TO THE TASKS THE WORKER WAS HIRED TO PERFORM , INCLUDING DATA9
ASSOCIATED WITH A WORKER'S PERFORMANCE OR GENERATION OF NEW10
BUSINESS; AND11
(II) THE PERSON DISCLOSES IN PLAIN LANGUAGE BEFORE HIRING A12
WORKER TO PERFORM WORK, AND TO ALL WORKERS WHOSE WAGES ARE13
SET IN WHOLE OR IN PART THROUGH A PRICE OR WAGE SETTING14
ALGORITHM, WHAT DATA IS CONSIDERED AND HOW THE PRICE OR WAGE15
SETTING ALGORITHM CONSIDERS THE DATA. TO THE EXTENT THESE16
DISCLOSURES DUPLICATE DISCLOSURES REQUIRED UNDER EQUAL PAY ,17
WAGE AND HOUR , OR OTHER EXISTING LAWS, A PERSON'S OBLIGATIONS18
UNDER THIS SUBSECTION (2)(b)(II) MAY BE FULFILLED BY COMPLYING19
WITH APPLICABLE LAW.20
(3) Publication of procedures. A PERSON THAT USES A PRICE OR21
WAGE SETTING ALGORITHM SHALL DEVELOP AND PUBLISH REASONABLE22
PROCEDURES:23
(a) TO ENSURE THE ACCURACY OF ALL DATA CONSIDERED BY THE24
PRICE OR WAGE SETTING ALGORITHM;25
(b) F OR WORKERS TO REQUEST AND RECEIVE INFORMATION26
REGARDING WHAT DATA IS CONSIDERED BY THE PRICE OR WAGE SETTING27
1210-9-
ALGORITHM AND HOW THE PRICE OR WAGE SETTING ALGORITHM1
CONSIDERS THE DATA WHEN SETTING PARTICULAR WAGES; AND2
(c) T O ALLOW A WORKER TO CORRECT OR CHALLENGE THE3
ACCURACY OF DATA CONSIDERED BY THE PRICE OR WAGE SETTING4
ALGORITHM.5
6-1-1903. Rule-making authority.6
THE ATTORNEY GENERAL MAY ADOPT RULES AS NECESSARY FOR7
THE PURPOSE OF IMPLEMENTING AND ENFORCING THIS PART 19.8
SECTION 3. Act subject to petition - effective date -9
applicability. (1) This act takes effect at 12:01 a.m. on the day following10
the expiration of the ninety-day period after final adjournment of the11
general assembly (August 12, 2026, if adjournment sine die is on May 13,12
2026); except that, if a referendum petition is filed pursuant to section 113
(3) of article V of the state constitution against this act or an item, section,14
or part of this act within such period, then the act, item, section, or part15
will not take effect unless approved by the people at the general election16
to be held in November 2026 and, in such case, will take effect on the17
date of the official declaration of the vote thereon by the governor.18
(2) This act applies to conduct occurring on or after the applicable19
effective date of this act.20
1210-10-