Privacy Law Library

Surveillance Pricing and Price-Setting Device Disclosure (P.A. 26-64, s. 11)

CT Surveillance Pricing

Other · Artificial intelligence

Requires businesses that use personal data in an automated price-setting device (other than to offer a discount) to label online prices with a prescribed warning, and bars retailers and delivery apps from charging individualized prices based on personal data gathered through tracking technologies. Cost-based, supply-and-demand, retention and uniformly available discounts are carved out.

Where
Connecticut
Citation
P.A. 26-64, s. 11 (not yet codified)
Status
Enacted, not yet in force
In force since
2026-10-01
Enforced by
Connecticut Attorney General (solely; P.A. 26-64, s. 11(e))
People can sue
No
Penalties
Violations are CUTPA unfair or deceptive trade practices enforced solely by the Attorney General (up to $5,000 per wilful violation under 42-110o); no private action under 42-110g.
Applies to
  • Any person doing business in Connecticut that advertises online a price set by an automated price-setting device using personal data (disclosure duty) (s. 11(b))
  • Retail sellers (including retail food establishments) and third-party delivery services doing business in Connecticut (surveillance pricing ban) (s. 11(c))
  • Exempt: insurance licensees, GLBA financial institutions, and banks and holding companies supervised by the Banking Commissioner (s. 11(d))

What a privacy notice must say

  • When advertising online a price set by a price-setting device using personal data (other than a discount), display the disclosure 'THIS PRICE WAS INCREASED BY A PRICE SETTING DEVICE USING YOUR PERSONAL DATA' or similar, readily visible to the average consumer.P.A. 26-64, s. 11(b)
  • Discounts offered under uniform terms, to broad groups, or through opt-in loyalty programs must be prominently posted with their terms and offered to all qualifying consumers.P.A. 26-64, s. 11(c)(2)(C)

Practices it requires

  • Retail sellers and third-party delivery services may not engage in surveillance pricing, meaning customized prices based on personal data gathered through biometric, camera, device-tracking, sensor or similar technologies.P.A. 26-64, s. 11(a)(9), (c)(1)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Research reference, not legal advice.