Connecticut ban on surveillance pricing by retail sellers and delivery services, and personal-data price disclosure (PA 26-130, HB 5563, section 11; replacing PA 26-64, SB 4, section 11)

Summary

Connecticut bars retail sellers (including retail food establishments) and third-party delivery services from engaging in surveillance pricing: setting a customized price for a consumer good or service specific to a consumer or group based in whole or part on personal data gathered through technology such as biometric monitoring, cameras, device tracking or sensors, whether collected directly or acquired from a third party. Anyone doing business in the state who uses surveillance pricing other than to set a discounted price in an online transaction, and who advertises or displays that price online, must show a readily visible disclosure stating "THIS PRICE WAS INCREASED USING YOUR PERSONAL DATA" and tell consumers their CTDPA rights; no disclosure is needed when the price is the bona fide market price. Cost-based and supply-and-demand price differences, publicly disclosed discounts on uniform terms, discounts for broad groups, opt-in loyalty programs and error corrections are not surveillance pricing. Insurance licensees are excluded, as are credit and financial-services pricing decisions shown to rest on consumer-report data under the FCRA or on factors permitted under the Equal Credit Opportunity Act. The ban first appeared in SB 4 (PA 26-64, section 11, using a 'price setting device' test); PA 26-100 repealed that section and enacted a revised version, which PA 26-130 in turn repealed and replaced with section 11, effective July 1, 2027. Violations are CUTPA unfair or deceptive trade practices enforced solely by the Attorney General; there is no private right of action.

Key dates

1. June 4, 2026Enacted
2. October 16, 2026Checked against sources
3. October 21, 2026Checked against sources
4. July 1, 2027Takes effect

Developments are added when the record is reviewed. Next review: January 15, 2027.

Evidence

Each passage is quoted from its source. The quoted passages are re-checked against the live pages every month.

1. Sec. 11. (NEW) (Effective July 1, 2027) (a) As used in this section:

   Supports: Section and effective date

   Approved June 4, 2026

   Supports: Approval date

   "Surveillance pricing" means the practice of establishing a customized price for a consumer good or consumer service that is specific to a consumer or group of consumers based, in whole or in part, on the consumer's personal data

   Supports: Definition

   no retail seller or third-party delivery service doing business in the state shall engage in surveillance pricing.

   Supports: Ban

   "THIS PRICE WAS INCREASED USING YOUR PERSONAL DATA"

   Supports: Disclosure wording

   based on (A) data provided in a consumer report covered by the Fair Credit Reporting Act

   Supports: Credit-pricing exemption

   shall constitute an unfair or deceptive trade practice for the purposes of subsection (a) of section 42-110b of the general statutes and shall be enforced solely by the Attorney General.

   Supports: Enforcement

   Section 44 of public act 26-100 is repealed.

   Supports: Repeal of interim version

   Public Act 26-130 (House Bill No. 5563) Connecticut General Assembly Primary source

2. Sections 11 and 16 of public act 26-64 are repealed.

   Supports: Repeal of original SB 4 section

   Approved June 2, 2026

   Supports: Approval date of PA 26-100

   Public Act 26-100 (Substitute House Bill No. 5222) Connecticut General Assembly Primary source

3. no retail seller or third-party delivery service doing business in the state shall engage in surveillance pricing.

   Supports: Original enactment in SB 4

   "THIS PRICE WAS INCREASED BY A PRICE SETTING DEVICE USING YOUR PERSONAL DATA"

   Supports: Original disclosure wording

   Public Act 26-64 (Substitute Senate Bill No. 4) Connecticut General Assembly Primary source