RELATING TO CONSUMER PROTECTION.

SB2036

THE SENATE

S.B. NO.

2036

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO CONSUMER PROTECTION
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
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Chapter 481B,
Hawaii Revised Statutes, is amended by adding a new section to part I to be
appropriately designated and to read as follows:

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"
�481B-
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Surveillance
pricing; prohibited.
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(a)
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No
person shall engage in surveillance pricing.

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(b)
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A person does not engage in surveillance
pricing if the person can demonstrate that:

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(1)
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A
difference in price is based solely on costs associated with providing the good
or service to different consumers;

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(2)
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A
discounted price is offered based on publicly disclosed eligibility criteria,
including signing up for a mailing list, registering for promotional
communications, or participating in a promotional event;

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(3)
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A
discounted price is offered to members of a broadly defined group based on
eligibility criteria, including

members of the military, kamaaina,
teachers, veterans, seniors, or students;

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(4)
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A
discounted price is offered through a loyalty, membership, or rewards program
in which the consumer has knowingly and voluntarily enrolled;

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(5)
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The
person operates as an insurer under chapter 431 and pricing is in connection
with that activity; or

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(6)
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A
refusal to extend credit at specific terms or the refusal to enter into a
transaction with a specific consumer is based on data provided in a consumer
report by a consumer reporting agency protected by and subject to the Fair
Credit Reporting Act, title 15 United States Code section 1681 et seq.;

provided that any information collected in
connection with paragraphs (1), (2), (3), or (4) shall be used solely for the
purpose of offering or administering the applicable discount, cost-based
pricing, or loyalty program, and shall not be used for any other purpose,
including profiling, targeted advertising, or individualized price setting.

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(c)
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A violation of this section shall be deemed an unfair and deceptive
practice in accordance with section 480-2.

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(d)
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As used in this section:

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"Consumer" has the same
meaning as in section 480-1.

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"Electronic surveillance
technology" means technological methods, systems, or tools, including
sensors, cameras, device tracking, biometric monitoring, or other forms of
observation or data collection, that can gather information about a consumer's
behavior, characteristics, location, or other personal attributes.

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"Surveillance pricing" means
offering or setting a customized price for a good or service for a specific
consumer or group of consumers based, in whole or in part, on information
collected through electronic surveillance technology.

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"Person" has the same meaning
as in section 480-1.
"

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SECTION 2.
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This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.

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SECTION 3.
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New statutory material is underscored.

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SECTION 4.
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This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Consumer
Protection; Surveillance Pricing; Prohibition

Description:

Prohibits
surveillance pricing, or differential pricing based on information collected
with electronic surveillance technology.
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Deems surveillance pricing an unfair and deceptive practice.
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Provides certain exemptions.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.