HB 1779 — An Act amending Title 12 (Commerce and Trade) of the Pennsylvania Consolidated Statutes, in preliminary provisions, providing for algorithmic pricing transparency and fairness; and imposing duties on the Office of Attorney General and Bureau of Consumer Protection.

PRINTER'S NO.   2188

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1779
                                               Session of
                                                 2025

     INTRODUCED BY GUZMAN, WEBSTER, HILL-EVANS, OTTEN, PIELLI,
        RIVERA, SANCHEZ AND FIEDLER, JULY 31, 2025

     REFERRED TO COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND
        UTILITIES, AUGUST 4, 2025


                                    AN ACT
 1   Amending Title 12 (Commerce and Trade) of the Pennsylvania
 2      Consolidated Statutes, in preliminary provisions, providing
 3      for algorithmic pricing transparency and fairness; and
 4      imposing duties on the Office of Attorney General and Bureau
 5      of Consumer Protection.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.    Title 12 of the Pennsylvania Consolidated
 9   Statutes is amended by adding sections to read:
10   § 102.   (Reserved).
11   § 103.   Algorithmic pricing transparency and fairness.
12      (a)   Disclosure.--A person or entity that knowingly
13   advertises, promotes, labels or publishes a statement, display,
14   image, offer or announcement of personalized algorithmic pricing
15   using consumer data specific to a particular individual shall
16   include with the statement, display, image, offer or
17   announcement a clear and conspicuous disclosure that states:
18            "THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL
19      DATA."
 1      (b)   Protected class data.--No person, firm, partnership,
 2   association or corporation, or agent or employee thereof, shall
 3   use protected class data in setting a price for, offering,
 4   marketing or selling any good or service if:
 5            (1)   the use of that data has the effect of withholding
 6      or denying any of the accommodations, advantages and
 7      privileges accorded to others; or
 8            (2)   the price for the good or service is different from
 9      the price offered to other individuals or groups based in
10      whole or in part on the use of protected class data.
11      (c)   Violation.--If there is a violation of subsection (a) or
12   (b), the following shall apply:
13            (1)   The Office of Attorney General is authorized to
14      investigate violations of this section in accordance with the
15      following:
16                  (i)    The Attorney General may initiate, in
17            Commonwealth Court or the court of common pleas of the
18            county in which the person or entity resides or has a
19            place of business, an action in equity for an injunction
20            to restrain each violation of this section.
21                  (ii)    An injunction may be issued by a court under
22            subparagraph (i) without requiring proof that any person
23            has been injured or experienced damages.
24                  (iii)    If an injunction is issued, the respondent
25            shall be given five days' notice to comply.
26                  (iv)    In seeking an action, the Attorney General is
27            authorized to take proof and make a determination of the
28            relevant facts and to issue subpoenas.
29            (2)   A court may impose a civil penalty of up to $1,000
30      for each violation of subsection (a) or (b).

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 1      (d)   Remedies.--In addition to any other remedies provided in
 2   this section, a person harmed by a violation of subsection (b)
 3   may file a complaint with the Bureau of Consumer Protection,
 4   which shall investigate each complaint.
 5      (e)   Limitations.--Nothing in this section shall apply to:
 6            (1)   An insurer licensed, regulated or otherwise
 7      authorized to do business in this Commonwealth under any
 8      insurance law or excess lines insurer, including a person,
 9      agent or affiliate acting on behalf of an insurer.
10            (2)   Financial services, including financial
11      institutions, financial institution affiliates, broker-
12      dealers, registered investment advisors and entities that
13      provide credit cards, personal loans, mortgages and other
14      consumer credit products.
15      (f)   Definitions.--As used in this section, the following
16   words and phrases shall have the meanings given to them in this
17   subsection unless the context clearly indicates otherwise:
18      "Algorithm."    A computational process that uses a set of
19   rules to define a sequence of operations.
20      "Clear and conspicuous disclosure."    A disclosure in the same
21   medium as and provided on, at or near and contemporaneous with
22   each advertisement, display, image, offer or announcement of a
23   price for which notice is required, using lettering and wording
24   that is easily visible and understandable to the average
25   consumer.
26      "Consumer."    A natural person who is seeking or solicited to
27   purchase, lease or receive a good or service for personal,
28   family or household use.
29      "Consumer data."    Any data that identifies or could
30   reasonably be linked, directly or indirectly, with a specific

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 1   natural person or device, excluding location data.
 2      "Dynamic pricing."   Pricing that fluctuates dependent on
 3   conditions where models retrain or recalibrate on information in
 4   near real time, excluding promotional pricing offers, loyalty
 5   program benefits or other temporary discounts or changes to
 6   pricing related to retention of existing customers.
 7      "Personalized algorithmic pricing."   Dynamic pricing derived
 8   from or set by an algorithm that uses consumer data which may
 9   vary among individual consumers or consumer populations.
10      "Protected class data."   Information about an individual
11   person or groups of people that directly, in combination or by
12   implication identifies a characteristic that is legally
13   protected from discrimination under the laws of this
14   Commonwealth or under Federal law, including ethnicity, national
15   origin, age, disability, sex, sexual orientation, gender
16   identity and expression, pregnancy outcomes and reproductive
17   health care.
18      Section 2.   This act shall take effect in 60 days.




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