HB 2384 — An Act amending the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law, further providing for definitions.

PRINTER'S NO.   3198

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 2384
                                               Session of
                                                 2026

     INTRODUCED BY BIZZARRO, ISAACSON, CIRESI, T. DAVIS, FREEMAN,
        HADDOCK, HANBIDGE, HILL-EVANS, INGLIS, MERSKI, OTTEN, PARKER,
        PROKOPIAK, RIVERA, SANCHEZ, WAXMAN AND D. WILLIAMS,
        APRIL 14, 2026

     REFERRED TO COMMITTEE ON COMMERCE, APRIL 15, 2026


                                    AN ACT
 1   Amending the act of December 17, 1968 (P.L.1224, No.387),
 2      entitled "An act prohibiting unfair methods of competition
 3      and unfair or deceptive acts or practices in the conduct of
 4      any trade or commerce, giving the Attorney General and
 5      District Attorneys certain powers and duties and providing
 6      penalties," further providing for definitions.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.    Section 2(4) of the act of December 17, 1968
10   (P.L.1224, No.387), known as the Unfair Trade Practices and
11   Consumer Protection Law, is amended by adding a subparagraph and
12   the section is amended by adding a paragraph to read:
13      Section 2.    Definitions.--As used in this act.
14      * * *
15      (4)   "Unfair methods of competition" and "unfair or deceptive
16   acts or practices" mean any one or more of the following:
17      * * *
18      (xx.1)   Promoting or engaging in dynamic pricing.
19      * * *
 1      (14)    "Dynamic pricing" means as follows:
 2      (i)    The practice of varying the prices of essential goods or
 3   services within a twenty-four-hour period based on demand or
 4   other factors, including through the use of artificial
 5   intelligence or an artificial intelligence model that retrains
 6   or recalibrates based on received information.
 7      (ii)    The term does not include bona fide pricing.
 8      (iii)    For purposes of this paragraph:
 9      (A)    "Artificial intelligence" means all of the following:
10      (I)    A machine-based system that can, for a given set of
11   human-defined objectives, make predictions, recommendations or
12   decisions influencing real or virtual environments, including
13   the ability to:
14      (a)    perceive real and virtual environments;
15      (b)    abstract perceptions made under this paragraph into
16   models through analysis in an automated manner; and
17      (c)    use model inference to formulate options for information
18   or action based on outcomes under units (a) and (b).
19      (II)    The term includes generative artificial intelligence.
20      (B)    "Artificial intelligence model" means a component of an
21   information system that implements artificial intelligence
22   technology and uses computational, statistical or machine
23   learning techniques to produce outputs from a given set of
24   inputs.
25      (C)    "Bona fide pricing" means genuine, nonfictitious pricing
26   at which essential goods or services are openly and actively
27   offered to the public on a regular basis for a reasonably
28   substantial period of time, without using inflated former prices
29   to create deceptive or illusory discounts, in accordance with 16
30   CFR 233.1 (relating to former price comparisons).

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 1      (D)   "Essential goods or services" means tangible personal
 2   property or services that are excluded under section 204 of the
 3   act of March 4, 1971 (P.L.6, No.2), known as the "Tax Reform
 4   Code of 1971," from the tax imposed under section 202 of the
 5   "Tax Reform Code of 1971."
 6      (E)   "Generative artificial intelligence" means the class of
 7   models that emulate the structure and characteristics of input
 8   data in order to generate derived synthetic content, including
 9   information such as images, videos, audio clips or text, that
10   has been significantly modified or generated by algorithms,
11   including by artificial intelligence.
12      Section 2.   This act shall take effect in 60 days.




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