An Act amending Title 12 (Commerce and Trade) of the Pennsylvania Consolidated Statutes, in preliminary provisions, providing for algorithmic pricing transparency and fairness; and imposing duties on the Office of Attorney General and Bureau of Consumer Protection.

PRINTER'S NO. 2188
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1779
Session of
2025
INTRODUCED BY GUZMAN, WEBSTER, HILL-EVANS, OTTEN, PIELLI,
RIVERA, SANCHEZ AND FIEDLER, JULY 31, 2025
REFERRED TO COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND
UTILITIES, AUGUST 4, 2025
AN ACT
Amending Title 12 (Commerce and Trade) of the Pennsylvania
Consolidated Statutes, in preliminary provisions, providing
for algorithmic pricing transparency and fairness; and
imposing duties on the Office of Attorney General and Bureau
of Consumer Protection.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 12 of the Pennsylvania Consolidated
Statutes is amended by adding sections to read:
§ 102. (Reserved).
§ 103. Algorithmic pricing transparency and fairness.
(a) Disclosure.--A person or entity that knowingly
advertises, promotes, labels or publishes a statement, display,
image, offer or announcement of personalized algorithmic pricing
using consumer data specific to a particular individual shall
include with the statement, display, image, offer or
announcement a clear and conspicuous disclosure that states:
"THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL
DATA."
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(b) Protected class data.--No person, firm, partnership,
association or corporation, or agent or employee thereof, shall
use protected class data in setting a price for, offering,
marketing or selling any good or service if:
(1) the use of that data has the effect of withholding
or denying any of the accommodations, advantages and
privileges accorded to others; or
(2) the price for the 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.
(c) Violation.--If there is a violation of subsection (a) or
(b), the following shall apply:
(1) The Office of Attorney General is authorized to
investigate violations of this section in accordance with the
following:
(i) The Attorney General may initiate, in
Commonwealth Court or the court of common pleas of the
county in which the person or entity resides or has a
place of business, an action in equity for an injunction
to restrain each violation of this section.
(ii) An injunction may be issued by a court under
subparagraph (i) without requiring proof that any person
has been injured or experienced damages.
(iii) If an injunction is issued, the respondent
shall be given five days' notice to comply.
(iv) In seeking an action, the Attorney General is
authorized to take proof and make a determination of the
relevant facts and to issue subpoenas.
(2) A court may impose a civil penalty of up to $1,000
for each violation of subsection (a) or (b).
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(d) Remedies.--In addition to any other remedies provided in
this section, a person harmed by a violation of subsection (b)
may file a complaint with the Bureau of Consumer Protection,
which shall investigate each complaint.
(e) Limitations.--Nothing in this section shall apply to:
(1) An insurer licensed, regulated or otherwise
authorized to do business in this Commonwealth under any
insurance law or excess lines insurer, including a person,
agent or affiliate acting on behalf of an insurer.
(2) Financial services, including financial
institutions, financial institution affiliates, broker-
dealers, registered investment advisors and entities that
provide credit cards, personal loans, mortgages and other
consumer credit products.
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Algorithm." A computational process that uses a set of
rules to define a sequence of operations.
"Clear and conspicuous disclosure." A disclosure in the same
medium as and provided on, at or near and contemporaneous with
each advertisement, display, image, offer or announcement of a
price for which notice is required, using lettering and wording
that is easily visible and understandable to the average
consumer.
"Consumer." A natural person who is seeking or solicited to
purchase, lease or receive a good or service for personal,
family or household use.
"Consumer data." Any data that identifies or could
reasonably be linked, directly or indirectly, with a specific
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natural person or device, excluding location data.
"Dynamic pricing." Pricing that fluctuates dependent on
conditions where models retrain or recalibrate on information in
near real time, excluding promotional pricing offers, loyalty
program benefits or other temporary discounts or changes to
pricing related to retention of existing customers.
"Personalized algorithmic pricing." Dynamic pricing derived
from or set by an algorithm that uses consumer data which may
vary among individual consumers or consumer populations.
"Protected class data." 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
Commonwealth or under Federal law, including ethnicity, national
origin, age, disability, sex, sexual orientation, gender
identity and expression, pregnancy outcomes and reproductive
health care.
Section 2. This act shall take effect in 60 days.
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