SB2036

THE SENATE	S.B. NO.	2036
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO CONSUMER PROTECTION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 481B, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§481B- Surveillance pricing; prohibited. (a) No person shall engage in surveillance pricing.

(b) A person does not engage in surveillance pricing if the person can demonstrate that:

(1) A difference in price is based solely on costs associated with providing the good or service to different consumers;

(2) A discounted price is offered based on publicly disclosed eligibility criteria, including signing up for a mailing list, registering for promotional communications, or participating in a promotional event;

(3) A discounted price is offered to members of a broadly defined group based on eligibility criteria, including members of the military, kamaaina, teachers, veterans, seniors, or students;

(4) A discounted price is offered through a loyalty, membership, or rewards program in which the consumer has knowingly and voluntarily enrolled;

(5) The person operates as an insurer under chapter 431 and pricing is in connection with that activity; or

(6) A refusal to extend credit at specific terms or the refusal to enter into a transaction with a specific consumer is based on data provided in a consumer report by a consumer reporting agency protected by and subject to the Fair Credit Reporting Act, title 15 United States Code section 1681 et seq.;

provided that any information collected in connection with paragraphs (1), (2), (3), or (4) shall be used solely for the purpose of offering or administering the applicable discount, cost-based pricing, or loyalty program, and shall not be used for any other purpose, including profiling, targeted advertising, or individualized price setting.

(d) As used in this section:

"Consumer" has the same meaning as in section 480-1.

"Electronic surveillance technology" means technological methods, systems, or tools, including sensors, cameras, device tracking, biometric monitoring, or other forms of observation or data collection, that can gather information about a consumer's behavior, characteristics, location, or other personal attributes.

"Surveillance pricing" means offering or setting a customized price for a good or service for a specific consumer or group of consumers based, in whole or in part, on information collected through electronic surveillance technology.

"Person" has the same meaning as in section 480-1."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Consumer Protection; Surveillance Pricing; Prohibition

Description:

Prohibits surveillance pricing, or differential pricing based on information collected with electronic surveillance technology. Deems surveillance pricing an unfair and deceptive practice. Provides certain exemptions.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

SB 2036: CONSUMER PROTECTION; SURVEILLANCE PRICING; PROHIBITION

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