HB 453 DE Introduced
AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO CONSUMER PROTECTION AND SURVEILLANCE BASED PRICING DISCRIMINATION.
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Summary
This bill prohibits surveillance-based price discrimination by forbidding businesses from using automated decision systems to set individualized consumer prices based on personal data, metadata, or proxy data that infers a consumer's socioeconomic status or urgency of purchase. It establishes safe harbors for discounts based on lawful, objective criteria such as military, student, or senior status and requires that rewards and loyalty programs remain uniform and are not individualized through algorithmic profiling. The bill carves out financial services and credit to align with federal regulations and takes effect January 1, 2027.
AI-generated plain-language summary of the bill (from the OpenStates abstract — no full text available yet) — neutral, and may be imperfect.
Official abstract
This House Substitute for House Bill No. 453 prohibits surveillance-based price discrimination by forbidding the use of automated decision systems to set individualized consumer prices based on personal data, metadata, or proxy data, such as device identifiers and digital behavioral patterns, used to infer a consumer's socioeconomic status or urgency of purchase. While the Act establishes safe harbors for discounts based on lawful, objective criteria (e.g., military, student, or senior status), it ensures that rewards and loyalty programs are not used to circumvent these protections by requiring that such discounts remain uniform across membership and are not individualized through algorithmic profiling. This Substitute differs from the original bill by adding a definition of electronic shelving labels and provides language that protects loyalty programs. It also carves out financial services and credit to align with federal regulations, changes the language used for location-based data, discounts for service interruptions, removes the term “risk-relevant data”, and provides a safe harbor provision with an opportunity to cure and a sunset date. Finally, this Substitute also includes a severability clause and an effective date of January 1, 2027.
Sponsors (4)
- Nnamdi O. Chukwuocha Democratic · primary
- Stell Parker Selby · primary
- Spiros Mantzavinos Democratic · primary
- Madinah Wilson-Anton Democratic · primary
Action history (3)
- Jun 18, 2026 was introduced and adopted in lieu of HB 453 · lower
- Jun 24, 2026 Amendment HA 1 to HS 1 - Introduced and Placed With Bill · lower
- Jun 25, 2026 Amendment HA 2 to HS 1 - Introduced and Placed With Bill · lower
Full text
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