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HB 1210 CO
Vetoed

Prohibit Surveillance Price & Wage Setting

CO · session 2026A · Assembly / House · bill

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Introduced Feb 13, 2026

Latest action (Jun 2, 2026) Introduced In House - Assigned to Business Affairs & Labor

Summary

This bill prohibits businesses from using price or wage setting algorithms that rely on surveillance data to discriminate against consumers or workers. Surveillance data is defined as information obtained through observation or inference about personal characteristics, online behaviors, or biometrics. The bill establishes exemptions for certain types of pricing (such as cost-based differences, loyalty programs, and needs-based discounts) and wage setting (such as seniority-based or task-based pay with worker disclosure). Companies using such algorithms must develop procedures to ensure data accuracy, allow workers to request information about how their data is used, and allow consumers and workers to challenge data. Violations are treated as deceptive trade practices under Colorado consumer protection law.

AI-generated plain-language summary of the bill (from the OpenStates abstract — no full text available yet) — neutral, and may be imperfect.

Official abstract

Surveillance data is defined in the act as data that is obtained through observation, inference, or surveillance of consumers or workers and that is related to personal characteristics, online behaviors, or biometrics of an individual or group, band, class, or tier to which the individual belongs. The definition of 'worker' in the act excludes federal and state employees and employees of public entities.     The act prohibits discrimination against a consumer or worker resulting from the use of a price or wage setting algorithm (PWSA) that uses statistical modeling, data analytics, artificial intelligence, or other data processing techniques to analyze surveillance data, the output of which is a substantial factor in:Individualized price setting used to determine the amount charged to a consumer; orIndividualized wage setting used to determine the wage offered to a worker.     The act specifies activities that are not individualized price or wage setting, as well as exemptions from the prohibition on price or wage setting. A person has not engaged in individualized price setting if the person can demonstrate, as described in the act, that differential prices are:Based on differences in the cost in providing a good or service to different consumers, such as delivery distance or temporal differences, such as ride or delivery time;Based on publicly disclosed eligibility criteria to all persons that meet the criteria, such as consumers purchasing in volume, or to all members of a broadly defined group of consumers, such as teachers;Afforded on equal terms to all participants in a loyalty, membership, or rewards program or are offered in response to a consumer complaint, service disruption, request for account cancellation, or similar reason;Offered pursuant to a specified needs-based discount program for reduced pricing related to income or financial need, such as hospital discounted care;Based on a subscription or other continuous agreement that includes a monthly or other recurring price that was not informed by a PWSA; orBased on a refusal to extend credit on specific terms or to enter into a financial transaction based on a consumer's data in a consumer report or data required as part of the application for the financial transaction.     A person has not engaged in individualized wage setting if the person can demonstrate, as described in the act, that the person offers individualized wages based solely on data specific to an individual worker that is directly related to worker seniority or the tasks the worker was required to perform, and the person discloses to the worker before hiring, and to all workers whose wages are set in whole or in part by a PWSA, what data is considered and how the PWSA considers the data.     A person that uses a PWSA shall develop and publish reasonable procedures to ensure the accuracy of all data considered by the PWSA, for workers to request and receive information about what data is collected, and to correct or challenge data considered by a PWSA.     A violation of the prohibition against individualized price or wage setting is a deceptive trade practice under the 'Colorado Consumer Protection Act' and is subject to the enforcement provisions and remedies provided in that act.(Note: This summary applies to this bill as enacted.)

Sponsors (25)

13 coauthors / cosponsors

Action history (17)

  1. Jun 2, 2026 Governor Vetoed · executive
  2. May 29, 2026 Sent to the Governor · executive
  3. May 29, 2026 Signed by the President of the Senate · upper
  4. May 29, 2026 Signed by the Speaker of the House · lower
  5. May 7, 2026 House Considered Senate Amendments - Result was to Concur - Repass · lower
  6. May 6, 2026 Senate Third Reading Passed - No Amendments · upper
  7. May 5, 2026 Senate Second Reading Passed with Amendments - Floor · upper
  8. May 1, 2026 Senate Second Reading Laid Over to 05/04/2026 - No Amendments · upper
  9. Apr 27, 2026 Senate Second Reading Laid Over Daily - No Amendments · upper
  10. Apr 24, 2026 Senate Second Reading Laid Over to 04/27/2026 - No Amendments · upper
  11. Apr 21, 2026 Senate Committee on Business, Labor, & Technology Refer Unamended to Senate Committee of the Whole · upper
  12. Apr 1, 2026 Introduced In Senate - Assigned to Business, Labor, & Technology · upper
  13. Mar 27, 2026 House Third Reading Passed - No Amendments · lower
  14. Mar 26, 2026 House Second Reading Special Order - Passed with Amendments - Committee, Floor · lower
  15. Mar 17, 2026 House Second Reading Laid Over Daily - No Amendments · lower
  16. Mar 12, 2026 House Committee on Business Affairs & Labor Refer Amended to House Committee of the Whole · lower
  17. Feb 13, 2026 Introduced In House - Assigned to Business Affairs & Labor · lower
Subjects
Business & Economic DevelopmentInsuranceLabor & EmploymentProfessions & Occupations

Full text

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