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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3959 By: Munson
AS INTRODUCED
An Act relating to technology; creating the
Protecting Consumers and Jobs from Predatory Pricing
Act; providing definitions; directing food retail
establishments that use personalized algorithmic
pricing using specific consumer data to make
disclosure to consumers; prohibiting the use of
electronic shelving labels by large food retailers;
clarifying what is not limited; prohibiting the use
of electronic shelving labels for personalized
algorithmic pricing or surveillance pricing;
prohibiting food retail establishments from engaging
in personalized algorithmic pricing or surveillance
pricing; prohibiting the collecting data of minors
for targeted advertising or personalized algorithmic
pricing; prohibiting food retail establishments from
using protected class data in setting prices;
providing exemptions; permitting the attorney general
to enforce act; creating civil penalties;
establishing a private right of action; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 500 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Protecting
Consumers and Jobs from Predatory Pricing Act".
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 501 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. "Algorithm" means a computational process that uses a set of
rules to define a sequence of operations including but not limited
to artificial intelligence (AI) systems and facial recognition
software;
2. "Clear and conspicuous disclosure" means disclosure in the
same medium as, and provided on, at, or near and contemporaneous
with every advertisement, display, image, offer, or announcement of
a price for which notice is required, using lettering and working
that is easily visible and understandable to the average consumer;
3. "Consumer" means a natural person who is seeking or
solicited to purchase, lease, or receive a good or service not for
resale in the ordinary course of the natural person's trade or
business, but for personal, family, or household use;
4. "Consumer data" means any data that identifies or could
reasonably be linked, directly or indirectly, with a specific
natural person or device, excluding location data;
5. "Dynamic and surveillance pricing" means pricing that
fluctuates dependent on conditions where algorithmic or AI models
retrain or recalibrate on information in near real time, excluding
promotional pricing offers, loyalty program benefits or other
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temporary discounts or changes to pricing related to retention of
existing customers;
6. "Electronic shelving labels" (ESLs) means electronic and
wireless paper (E-paper) displays that present product and pricing
information;
7. "Food Retail Establishment" means a retail store that is
either:
a. over fifteen thousand (15,000) square feet in size and
sells primarily household foodstuff for offsite
including fresh produce, meats, poultry, fish, deli
products, dairy products, canned foods, dry foods,
beverages, baked foods, and prepared foods, other
household supplies or products are secondary to the
primary purpose of food sales; or
b. over eighty-five thousand (85,000) square feet and
with ten percent (10%) of their sales floor area
dedicated to the sale of nontaxable merchandise
including the sale of fresh produce, meats, poultry,
fish, deli products, dairy products, canned foods, dry
foods, beverages, baked foods, and prepared foods.
"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 covered information collected through
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electronic surveillance technology. Surveillance
pricing includes the use of technological methods,
systems, or tools, including, but not limited to,
sensors, cameras, device tracking, biometric
monitoring, or other forms of observation or data
collection, that are capable of gathering covered
information about a consumer's behavior,
characteristics, location, or other personal
attributes, whether in physical or digital
environments;
8. "Non-digital presentation of price" means:
a. a sign which offers the unit price for one or more
brands or sizes of a given commodity,
b. a sticker, stamp, sign, label, or tag, affixed to the
shelf upon which the commodity is displayed, and
c. a sticker, stamp, sign, label, or tag, affixed to the
consumer commodity itself. If a single sign or tag
does not provide the unit price information for more
than one brand or size of a given commodity, then the
following information shall be provided:
(1) the identity,
(2) the brand name,
(3) the quantity of the packaged commodity if more
than one package size per brand is displayed,
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(4) the total sale price, and
(5) the price per appropriate unit. Where a sign
providing unit price information for one or more
sizes or brands of a given commodity is used, the
sign shall be located centrally as close as
practical to all items to which the sign refers,
and the unit price information displayed thereon
shall be presented in a clear, distinct, and
nondeceptive manner;
9. "Personalized algorithmic pricing" means dynamic pricing and
surveillance pricing derived from or set by an algorithm that uses
consumer data which may vary among consumers or groups of consumers;
10. "Person" means any human being or individual;
11. "Protected class data" means information about an
individual person or groups of people that directly, in combination,
or by implication identifies a characteristic that is legally
protected from discrimination under the laws of this state or under
federal law, including but not limited to ethnicity, national
origin, age, disability, sex, sexual orientation, gender identity
and expression, pregnancy outcomes and reproductive health care.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 502 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
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A. Any food retail establishment who knowingly advertises,
promotes, labels, or publishes a statement, display, image, offer,
or announcement that uses personalized algorithmic pricing using
consumer data specific to a particular consumer is required to
provide a clear and conspicuous disclosure to consumers that "THIS
PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA".
B. In food retail establishments larger than fifteen thousand
(15,000) square feet the use of ESLs or any digital shelf display
technology shall be prohibited and a non-digital presentation of
price shall be used. This prohibition does not limit any food
retail establishment and any business to provide consumers, based on
previous purchase history, a discount, promotional price, or loyalty
program benefit.
C. The use of ESLs or any digital shelf display technology to
display personalized algorithmic pricing or surveillance pricing is
prohibited.
D. It is unlawful, for any reason, for any food retail
establishment to engage in personalized algorithmic pricing or
surveillance pricing.
E. Data of minors under seventeen (17) years of age shall not
be collected or used for targeted advertising or personalized
algorithmic pricing under any circumstances.
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F. No food retail establishment shall use protected class data
in setting a price for, offering, marketing, or selling any good or
service if any of the following are true:
1. The use of that data has the effect of withholding or
denying any of the accommodations, advantages, and privileges
accorded to others; and
2. The price for such good or service is different from the
price offered to other individuals or groups based in whole or in
part on the use of protected class data.
G. Nothing in this act shall apply to financial services,
including but not limited to financial institutions, financial
institution affiliates, broker-dealers, registered investment
advisors, and entities that provide consumer credit products such as
credit cards, personal loans, and mortgages.
H. Nothing in this act shall apply to any insurer licensed,
regulated, or otherwise authorized to do business in the state of
Oklahoma under the insurance law, including any persons, agents, or
affiliates acting on behalf of such insurer.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 503 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
A. Whenever there shall be a violation of any portion of this
act, an application may be made by the Attorney General in the name
of the people of the State of Oklahoma to a court or justice having
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jurisdiction to issue an injunction, and upon notice to the
respondent of not less than five (5) days, to enjoin and restrain
the continuance of such violations: and if it shall appear to the
satisfaction of the court or justice that the respondent has, in
fact, violated any portion, an injunction may be issued by such
court or justice, enjoining and restraining any further violation,
without requiring proof that any person has, in fact, been injured
or damaged thereby.
B. Whenever the court shall determine that a violation of any
portion of this act has occurred, the court may impose a civil
penalty of not more than Seven Thousand Five Hundred Dollars
($7,500.00) for each violation. In connection with any such
application, the Attorney General is authorized to take proof and
make a determination of the relevant facts and to issue subpoenas in
accordance with the civil practice law and rules.
C. In addition to any other remedies provided in this act, any
person aggrieved by a violation of this act is entitled to bring an
action in a court of appropriate jurisdiction. Nothing in this
section shall in any way limit rights or remedies which are
otherwise available under law to the Attorney General or any other
person authorized to bring an action under this act.
SECTION 5. This act shall become effective November 1, 2026.
60-2-15033 MJ 12/18/25