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

Plain English Breakdown

Checked against official source text during the last sync.

Amendment Clarifying Exceptions for Discounts and Price Discrimination

This amendment clarifies exceptions in the substitute bill by allowing any person to offer discounts, removing rules about consumer purchase history, adding insurance producers as exempt groups, and defining specific financial terms.

What This Bill Does

• Changes the word 'establishment' to 'person' so that any person can offer consumers a discount, promotional price, or loyalty program benefit without breaking the prohibition.
• Removes language regarding the use of consumer purchase history from the rules on surveillance-based price discrimination.
• States that the examples listed for avoiding surveillance-based price discrimination are illustrative and do not limit what is allowed under subsection (c).
• Adds 'insurance producer' to the list of exempted persons alongside insurers.
• Includes a definition for financial institution, affiliate, and non-affiliated third party as groups subject to specific federal regulations.

Who It Names or Affects

• Persons offering discounts or loyalty programs
• Insurance producers
• Financial institutions, their affiliates, and non-affiliated third parties

Terms To Know

Surveillance-based price discrimination

A practice where a person charges different prices based on data collected about consumers.

Insurance producer

An individual or entity added to the list of exempted persons in this amendment.

Gramm-Leach-Bliley Act

A federal law referenced in 15 U.S.C. § 6809 that regulates activities for financial institutions, affiliates, and non-affiliated third parties.

Limits and Unknowns

• The official text does not state when this amendment will officially take effect.
• This amendment modifies a substitute bill; the full context of the original rules depends on that separate document.

Official Summary Text

This Amendment clarifies the scope of the exceptions to the substitute bill. These amendments include: (1) removing the word "establishment" and inserting "person" in its place; (2) removing the language about usage of consumer purchase history; (3) adding language to ensure scope is not limited to only the listed examples; (4) adding "insurance producer" to the list of exempted persons; and (5) including a definition of financial institution, affiliate, and non-affiliated third party to the list of exemptions.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Chukwuocha

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 1

TO

HOUSE SUBSTITUTE NO. 1

FOR

HOUSE BILL NO. 453

AMEND House Substitute No. 1 for House Bill No. 453 by deleting lines 45 through 48 in their entirety and inserting in lieu thereof the following:

“

(c) This prohibition does not limit any person from offering consumers a discount, promotional price, or loyalty program benefit.

(d) A person has not engaged in surveillance-based price discrimination if the person can demonstrate any of the conditions set forth in this subsection. The examples set forth in this subsection are illustrative and are not intended to limit subsection (c):

”.

FURTHER AMEND House Substitute No. 1 for House Bill No. 453 on line 68 by inserting “

or insurance producer

” after “

insurer

” and before “

in compliance

” therein.

FURTHER AMEND House Substitute No. 1 for House Bill No. 453 by deleting line 77 in its entirety and inserting in lieu thereof the following:

“

(1) A financial institution,

an affiliate, or a non-affiliated third party, as defined in 15 U.S.C. § 6809, as amended, to the extent that the financial institution, affiliate, or nonaffiliated third party engages in activities that are subject to regulation under Title V of the Gramm-Leach-Bliley Act, 15 U.S.C. § 6801 et seq., and the regulations adopted thereunder.

”.

SYNOPSIS

This Amendment clarifies the scope of the exceptions to the substitute bill. These amendments include: (1) removing the word "establishment" and inserting "person" in its place; (2) removing the language about usage of consumer purchase history; (3) adding language to ensure scope is not limited to only the listed examples; (4) adding "insurance producer" to the list of exempted persons; and (5) including a definition of financial institution, affiliate, and non-affiliated third party to the list of exemptions.