Senate · Introduced · 2025-2026 Regular Session

SB 164: Trade Practices; surveillance based price discrimination and surveillance based wage discrimination; prohibit

Last action February 13, 2025 · Senate Read and Referred

A Georgia Senate bill would ban businesses from using automated systems to charge individualized prices or set individualized wages based on personal surveillance data collected about consumers or workers.

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In plain language

This bill adds a new article to Georgia's trade practices law (O.C.G.A. Title 10, Chapter 1) that prohibits two specific practices: surveillance based price discrimination and surveillance based wage discrimination. The first happens when a business uses an automated decision system, such as software driven by artificial intelligence or algorithms, to set different prices for different consumers based on data gathered through observation or inference about their behaviors, biometrics, or personal characteristics. The second happens when an employer uses such a system to set individualized wages for workers based on similar surveillance data. The bill defines many key terms, including automated decision system, surveillance data, worker, and price. It carves out exceptions, such as price differences justified by real cost differences, insurers using only risk relevant data, and wage differences tied to job specific data or hiring decisions made with proper disclosure. The Attorney General can write enforcing regulations. Violations are treated as deceptive trade practices, with civil penalties up to $10,000 per violation and a private right of action for people harmed, including triple damages for bad faith violations.

What the bill does

Bans businesses from using automated decision systems to charge consumers individualized prices based on surveillance data about their behaviors, biometrics, or personal traits.
Bans employers from using automated decision systems to set individualized worker wages based on similar surveillance data.
Creates exceptions for price differences tied to actual cost differences, insurers using only risk-relevant data, and wage differences tied to job-specific factors with proper disclosure.
Lets the Attorney General or any district attorney sue violators for civil penalties of up to $10,000 per violation, plus costs and attorneys' fees.
Gives individuals harmed by violations the right to sue for actual damages, a flat $3,000 per violation, or triple damages if the violation was done in bad faith.
Directs the Attorney General to write rules and regulations to implement and enforce the new law.

Who it affects

Businesses that price goods or services differently for different customers, employers that use algorithmic or AI-based systems to set wages, insurers, consumers whose personal data might be used to set prices, and workers whose pay could be set by automated systems. The Attorney General and district attorneys would gain new enforcement duties.

Why it matters

If enacted, companies using AI or algorithmic tools to personalize prices or wages based on someone's data, such as browsing history, location, or biometric traits, could face lawsuits and financial penalties. Consumers and workers would gain new legal tools to challenge pricing or pay practices they believe were set unfairly through hidden data-driven algorithms.

Key provisions

Section 1 creates new Article 37 in Chapter 1 of Title 10, adding Code Sections 10-1-960 through 10-1-964.
O.C.G.A. § 10-1-960 defines key terms including automated decision system, surveillance data, behaviors, biometrics, wage, and worker.
O.C.G.A. § 10-1-961 sets the core bans on surveillance based price discrimination and surveillance based wage discrimination, with listed exceptions for cost-based pricing, risk-based insurance data, and job-specific wage factors.
O.C.G.A. § 10-1-962 authorizes the Attorney General to create rules and regulations to implement and enforce the article.
O.C.G.A. § 10-1-963 clarifies the law does not preempt other existing legal rights or remedies.
O.C.G.A. § 10-1-964 classifies violations as deceptive or unfair trade practices, sets a civil penalty of up to $10,000 per violation for state enforcement, and creates a private lawsuit option with damages including a $3,000 per-violation flat amount or triple actual damages for bad faith conduct.
Section 2 repeals any conflicting laws.

From the bill

“'Surveillance based price discrimination' means using an automated decision system to inform individualized prices based on surveillance data regarding a consumer.”
This is the bill's core definition of the pricing practice it bans.

“A person that violates any provision of this article engages in a deceptive, unfair, or unconscionable act or practice.”
This classifies violations of the new law as deceptive trade practices, triggering enforcement tools.

“Three times the amount of actual damages sustained, if it is established by clear and convincing evidence that such person violating the provisions of this article engaged in bad faith conduct or intentionally violated the provisions of this article.”
This sets triple damages as a possible penalty for intentional or bad faith violations.

Status timeline

2025-02-13Senate Read and Referred (Senate)
2025-02-12Senate Hopper (Senate)

Topics

consumer protection
data privacy
algorithmic pricing
wage discrimination
artificial intelligence regulation

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