An Act amending the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law, further providing for definitions, for unlawful acts or practices and exclusions, for civil penalties and for private actions.

PRINTER'S NO. 1869
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1401
Session of
2026
INTRODUCED BY L. WILLIAMS, COLLETT, SAVAL, KANE, TARTAGLIONE,
MALONE, HAYWOOD, COMITTA, COSTA, PISCIOTTANO, CAPPELLETTI,
KEARNEY, SCHWANK AND MUTH, JULY 8, 2026
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
JULY 8, 2026
AN ACT
Amending the act of December 17, 1968 (P.L.1224, No.387),
entitled "An act prohibiting unfair methods of competition
and unfair or deceptive acts or practices in the conduct of
any trade or commerce, giving the Attorney General and
District Attorneys certain powers and duties and providing
penalties," further providing for definitions, for unlawful
acts or practices and exclusions, for civil penalties and for
private actions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2(4) of the act of December 17, 1968
(P.L.1224, No.387), known as the Unfair Trade Practices and
Consumer Protection Law, is amended by adding a subclause and
the section is amended by adding clauses to read:
Section 2. Definitions.--As used in this act.
* * *
(4) "Unfair methods of competition" and "unfair or deceptive
acts or practices" mean any one or more of the following:
* * *
(xx.1) Engaging in surveillance pricing.
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(14) "Surveillance pricing" means offering or setting a
customized price for goods or services using technological
methods, systems or tools to analyze personal data to inform the
price for a specific consumer or group of consumers based, in
whole or in part, on personal data that may be purchased from a
third party or gathered using technology, including sensors,
cameras, device tracking or other forms of observation or data
collection. The term does not include circumstances in which the
seller can demonstrate that:
(i) The difference in pricing if based solely on different
costs associated with providing the goods or services to
different consumers.
(ii) A public discounted price if offered on equal terms
pursuant to publicly disclosed eligibility criteria to:
(A) all consumers who meet the publicly disclosed
eligibility criteria, including criteria related to volume
purchases, signing up for a mailing list, registering for
promotional communications or participating in a promotional
event; or
(B) all members of a broadly defined and publicly recognized
group of consumers, including teachers, active or retired
military personnel, senior citizens, students or residents of a
certain area based on publicly disclosed eligibility criteria.
(iii) A discounted price if offered on equal terms pursuant
to publicly disclosed terms and conditions to all members,
enrollees or participants in a loyalty, membership or rewards
program.
(iv) The person operates as an insurer licensed or regulated
or legally authorized to do business in this Commonwealth or any
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surplus lines insurer, including any person acting on behalf of
the insurer.
(v) The person can demonstrate that 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 covered by 15 U.S.C. Ch. 41 Subch. III
(relating to credit reporting agencies).
(15) "Discounted price" means a price that is verifiably
lower than the widely available and publicly disclosed bona fide
market price.
(16) "Personal data" means any information, including unique
identifiers, that is linked or reasonably linkable, alone or in
combination with other information, to an identified or
identifiable individual or a device that identifies or is linked
or reasonably linkable to an individual.
Section 2. Sections 3(a), 8(b) and 9.2(a) of the act are
amended to read:
Section 3. Unlawful Acts or Practices; Exclusions.--(a)
Unfair methods of competition and unfair or deceptive acts or
practices in the conduct of any trade or commerce as defined by
subclauses (i) through (xxi) of clause (4) of section 2 of this
act and regulations promulgated under section 3.1 of this act
are hereby declared unlawful. Any waiver of the surveillance
pricing restrictions under this act shall be deemed void and
unenforceable. The provisions of this act shall not apply to any
owner, agent or employe of any radio or television station, or
to any owner, publisher, printer, agent or employe of an
Internet service provider or a newspaper or other publication,
periodical or circular, who, in good faith and without knowledge
of the falsity or deceptive character thereof, publishes, causes
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to be published or takes part in the publication of such
advertisement.
* * *
Section 8. Civil Penalties.--* * *
(b) In any action brought under section 4 of this act, if
the court finds that a person, firm or corporation is wilfully
using or has wilfully used a method, act or practice declared
unlawful by section 3 of this act, the Attorney General or the
appropriate District Attorney, acting in the name of the
Commonwealth of Pennsylvania, may recover, on behalf of the
Commonwealth of Pennsylvania, a civil penalty of not exceeding
one thousand dollars ($1,000) per violation, except that a civil
penalty not to exceed three thousand dollars ($3,000) shall
apply for a method, act or practice declared unlawful as defined
by subclause (xx.1) of clause (4) of section 2 of this act,
which civil penalty shall be in addition to other relief which
may be granted under sections 4 and 4.1 of this act. Where the
victim of the wilful use of a method, act or practice declared
unlawful by section 3 of this act is sixty years of age or
older, the civil penalty shall not exceed three thousand dollars
($3,000) per violation, which penalty shall be in addition to
other relief which may be granted under sections 2 and 4.1 of
this act.
Section 9.2. Private Actions.--(a) Any person who purchases
or leases goods or services primarily for personal, family or
household purposes and thereby suffers any ascertainable loss of
money or property, real or personal, as a result of the use or
employment by any person of a method, act or practice declared
unlawful by section 3 of this act, may bring a private action to
recover actual damages or one hundred dollars ($100), whichever
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is greater[.], except that the person may recover actual damages
or three thousand dollars ($3,000), whichever is greater, in the
case of a method, act or practice declared unlawful as defined
by subclause (xx.1) of clause (4) of section 2 of this act. The
court may, in its discretion, award up to three times the actual
damages sustained, but not less than one hundred dollars ($100),
and may provide such additional relief as it deems necessary or
proper[.], except that the person may recover actual damages or
three thousand dollars ($3,000), whichever is greater, in the
case of a method, act or practice declared unlawful as defined
by subclause (xx.1) of clause (4) of section 2 of this act. The
court may award to the plaintiff, in addition to other relief
provided in this section, costs and reasonable attorney fees.
* * *
Section 3. This act shall take effect in 60 days.
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