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HS1FORHB453 • 2025

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO CONSUMER PROTECTION AND SURVEILLANCE BASED PRICING DISCRIMINATION.

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO CONSUMER PROTECTION AND SURVEILLANCE BASED PRICING DISCRIMINATION.

Education Privacy
Passed Legislature

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

Sponsor
Chukwuocha
Last action
2026-06-25
Official status
Out of Committee 6/18/26
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO CONSUMER PROTECTION AND SURVEILLANCE BASED PRICING DISCRIMINATION.

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO CONSUMER PROTECTION AND SURVEILLANCE BASED PRICING DISCRIMINATION.

What This Bill Does

  • AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO CONSUMER PROTECTION AND SURVEILLANCE BASED PRICING DISCRIMINATION.
  • This House Substitute for House Bill No.
  • 453 prohibits surveillance-based price discrimination by forbidding the use of automated decision systems to set individualized consumer prices based on personal data, metadata, or proxy data, such as device identifiers and digital behavioral patterns, used to infer a consumer's socioeconomic status or urgency of purchase.
  • While the Act establishes safe harbors for discounts based on lawful, objective criteria (e.g., military, student, or senior status), it ensures that rewards and loyalty programs are not used to circumvent these protections by requiring that such discounts remain uniform across membership and are not individualized through algorithmic profiling.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-06-25 Delaware General Assembly

    Amendment HA 2 to HS 1 - Introduced and Placed With Bill

  2. 2026-06-24 Delaware General Assembly

    Amendment HA 1 to HS 1 - Introduced and Placed With Bill

  3. 2026-06-18 Delaware General Assembly

    was introduced and adopted in lieu of HB 453

Official Summary Text

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO CONSUMER PROTECTION AND SURVEILLANCE BASED PRICING DISCRIMINATION.
This House Substitute for House Bill No. 453 prohibits surveillance-based price discrimination by forbidding the use of automated decision systems to set individualized consumer prices based on personal data, metadata, or proxy data, such as device identifiers and digital behavioral patterns, used to infer a consumer's socioeconomic status or urgency of purchase. While the Act establishes safe harbors for discounts based on lawful, objective criteria (e.g., military, student, or senior status), it ensures that rewards and loyalty programs are not used to circumvent these protections by requiring that such discounts remain uniform across membership and are not individualized through algorithmic profiling.
This Substitute differs from the original bill by adding a definition of electronic shelving labels and provides language that protects loyalty programs. It also carves out financial services and credit to align with federal regulations, changes the language used for location-based data, discounts for service interruptions, removes the term “risk-relevant data”, and provides a safe harbor provision with an opportunity to cure and a sunset date. Finally, this Substitute also includes a severability clause and an effective date of January 1, 2027.