| Momentum Bucket | Building Momentum |
| Legal Title | AN ACT Relating to prohibiting surveillance-based price discrimination and surge pricing for retail goods; |
| Bill Description | Prohibiting surveillance-based price discrimination and surge pricing for retail goods. |
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What this bill does
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This bill creates a new law titled the "fair pricing and transparency act" by adding a new chapter (Sections 2–6) to Title 19 RCW and a new section to chapter 43.330 RCW. It requires retail locations to clearly post prices, prohibits surveillance-based price discrimination and surge pricing, and allows uniform price reductions or offers (such as loyalty or membership discounts) only if personally identifiable information collected to run those programs is not used to personalize or vary the price charged to a consumer. The bill defines key terms including algorithm, behaviors, consumer, electronic shelf label system, goods, inferred data, person (businesses engaged in retail sales, excluding "small businesses" per RCW 19.85.020), personally identifiable information, surge pricing, surveillance pricing, and surveillance-based price discrimination.
The bill bans the use of electronic shelf label systems in retail locations 15,000 square feet or larger until January 1, 2030, and states that the prohibition provision expires June 30, 2031. Violations of the chapter are declared to be unfair or deceptive acts under the Consumer Protection Act (chapter 19.86 RCW), thereby subjecting violations to the enforcement mechanisms of that Act. The bill also directs "the department" to study electronic shelf label systems and their impact by adding a section to chapter 43.330 RCW.
The added study/reporting text requires that "all" submit a report to the legislature with findings and recommendations by June 30, 2029 in compliance with RCW 43.01.036(2) and states the section expires June 30, 2031; however, the extracted text does not identify who "all" refers to nor does it specify the full scope, deadlines, or the department's detailed study responsibilities. The document was read for the first time on 01/14/26.
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Why it matters
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If enacted, shoppers in Washington would see clearly posted prices and would generally get the same price as others rather than prices that change for them because of their behavior, locations, or personal data; common surge pricing and algorithm-driven personalized price changes would no longer be used. Large stores (15,000 square feet or more) could not use electronic shelf labels until at least January 1, 2030 (the prohibition expires mid‑2031), and retailers would be allowed to offer uniform discounts or loyalty rewards only if the personal data collected to run those programs is not used to vary prices for individuals.
The people most affected are retailers (except small businesses), grocery stores, and operators of loyalty programs, which will likely face compliance costs to stop individualized pricing, pause or delay electronic shelf label deployments in larger stores, and change how they handle customer data to avoid using it for prices. Consumers should see fewer personalized price differences, while businesses face a clearer risk of enforcement under state consumer protection law and some uncertainty because the required study and the June 30, 2029 report deadline are mentioned but the statute does not specify exactly who must submit the report or the full scope of the study.
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| Official Documents | View Full Bill Text |
| Date Introduced | 01/14/2026 |
| Originating Chamber | House |
| Biennium | 2025-26 |
| Total Campaign Dollars Backing Bill | $6,425,631.00 |
| BUSINESSES |
| Hearing | House Technology, Economic Development, & Veterans (Public) |
| Hearing | House Technology, Economic Development, & Veterans (Executive) |
| Hearing | House Appropriations (Public) |