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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1078
Introduced by Dungan, 26.
Read first time January 15, 2026
Committee: Banking, Commerce and Insurance
A BILL FOR AN ACT relating to data; to adopt the Fair Online Pricing Act.1
Be it enacted by the people of the State of Nebraska,2
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Section 1. Sections 1 to 5 of this act shall be known and may be1
cited as the Fair Online Pricing Act. 2
Sec. 2. For purposes of the Fair Online Pricing Act:3
(1) Coupon means any method by which a consumer receives a discount4
on the purchase of any item that is funded, produced, sponsored,5
promoted, or furnished, either directly or indirectly, by a business,6
including any paper coupon, digital coupon, or instant redeemable coupon;7
(2) Discount means any reduction from the regular or advertised8
price offered to consumers on a temporary or conditional basis;9
(3) Hardware state means a condition or mode of existence of a10
system, component, or simulation, including the battery life of, number11
of wireless connections detected by, hardware performance characteristics12
of, and age of the device, and data that is erased or retained when an13
online device is restarted or powered down; and 14
(4) Online device means a physical object that has built-in15
resources that allow it to communicate through the Internet or a short-16
range wireless technology and react to interface conditions, including17
any laptop computer, desktop computer, tablet, smartphone, or other smart18
hardware. 19
Sec. 3. (1) A price offered to a consumer through the consumer's20
online device shall not be generated in whole, or in part, based on any21
of the following input data: 22
(a) The hardware or hardware state of the online device. This23
subdivision (a) does not prohibit the generation of a price offered to a24
consumer based on the hardware or hardware state of the online device for25
the following purposes: 26
(i) Any repair or maintenance of the online device; or27
(ii) Calculating a trade-in value of the online device;28
(b) The presence or absence of any software on the online device; or29
(c) Geolocation data of the online device, when used to set a price30
based on inferences about the consumer made from such data. This31
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subdivision (c) does not prohibit the use of geolocation data of the1
online device and the consumer's location to generate a price for any2
reason that is not specified in this subdivision (c), including:3
(i) To determine pricing based on the real-time demand for the4
product or service in the consumer's vicinity, if the product or service5
is provided immediately upon request; or 6
(ii) To provide accurate pricing information based on price7
variances at different physical locations, due to legitimate cost8
differentials associated with providing a good or service to different9
consumers or state or local government taxes, duties, or other fees10
imposed by any state or local government on the transaction.11
(2) The Fair Online Pricing Act does not prohibit any coupon;12
discount; or other bona fide rebate, sale, or promotion that:13
(a) Is separate from the price of any good or service;14
(b) Reduces the price of any good or service;15
(c) Is issued or offered to the general public on the same terms;16
and 17
(d) Does not incorporate input data as specified in subsection (1)18
of this section. 19
Sec. 4. (1) A person who violates the Fair Online Pricing Act is20
liable for a civil penalty in an amount not to exceed ten thousand21
dollars for each violation. 22
(2) The Attorney General may bring an action in the name of the23
State of Nebraska to: 24
(a) Recover a civil penalty under this section;25
(b) Restrain or enjoin the person from violating the Fair Online26
Pricing Act; or 27
(c) Recover the civil penalty and seek injunctive relief.28
(3) The Attorney General may recover reasonable attorney's fees and29
other reasonable expenses incurred in investigating and bringing an30
action under this section. 31
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(4) All money collected under this section shall be remitted to the1
State Treasurer for distribution in accordance with Article VII, section2
5, of the Constitution of Nebraska. 3
Sec. 5. The duties and obligations imposed by the Fair Online4
Pricing Act are cumulative with any other duties or obligations imposed5
under other law and shall not be construed to relieve any party from any6
duty or obligation that is imposed under other law, including any duty or7
obligation that is related to the accurate advertising, displaying, or8
offering of prices. 9
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