California AB 446: State employees: wages.

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 Bill Text - AB-446 Surveillance pricing.

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 |Add To My Favorites |Track Bill | Version: 08/29/25 - Amended Senate
 07/17/25 - Amended Senate
 05/01/25 - Amended Assembly
 03/20/25 - Amended Assembly
 02/06/25 - Introduced

 AB-446 Surveillance pricing.(2025-2026)

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 Date Published: 08/30/2025 04:00 AM

AB446:v95#DOCUMENTBill Start

 Amended
 IN 
 Senate
 August 29, 2025

 Amended
 IN 
 Senate
 July 17, 2025

 Amended
 IN 
 Assembly
 May 01, 2025

 Amended
 IN 
 Assembly
 March 20, 2025

 CALIFORNIA LEGISLATURE—
 2025–2026 REGULAR SESSION

 Assembly Bill

No. 446

Introduced by Assembly Member Ward
(Coauthors: Assembly Members Ortega and Wilson)

February 06, 2025

An act to add Part 5.6 (commencing with Section 7200) to Division 4 of the Civil Code, relating to consumer protection. 

LEGISLATIVE COUNSEL'S DIGEST

AB 446, as amended, Ward.
 Surveillance pricing.

Existing law, the California Consumer Privacy Act of 2018 (CCPA), grants a consumer various rights with respect to personal information that is collected or sold by a business, as defined, including the right to direct a business that sells or shares personal information about the consumer to third parties not to sell or share the consumer’s personal information, as specified. Existing law, the California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA and establishes the California Privacy Protection Agency and vests the agency with full administrative power, authority, and jurisdiction to enforce those provisions.

Existing law requires a retail grocery store or grocery department within a general retail merchandise store that uses
 a point-of-sale system to have a clearly readable price indicated on 85% of the total number of packaged consumer commodities offered for sale, subject to specified exemptions.

This bill would, subject to certain exceptions, prohibit a person grocery establishment, as defined, from engaging in surveillance pricing. The bill would define “surveillance pricing” to mean offering or setting a customized price increase for a good or service for a specific consumer or group of consumers, based, in whole or in part, on personally identifiable information collected through electronic surveillance technology, as specified. The bill would provide that only a public prosecutor, as
 specified, may bring an action against a violator of these provisions to recover specified civil penalties, injunctive relief, and reasonable attorney’s fees and costs, and would authorize a consumer to bring an action for injunctive relief and reasonable attorney’s fees and costs. The bill would declare that any waiver of these provisions is against public policy and is void and unenforceable.

This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020.

Digest Key

 Vote:
 MAJORITY 
 Appropriation:
 NO 
 Fiscal Committee:
 YES 
 Local Program:
 NO 

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Part 5.6 (commencing with Section 7200) is added to Division 4 of the Civil Code, to read:

PART 5.6. SURVEILLANCE PRICING

7200.

 For purposes of this part, the following definitions apply:

(a)“Person” means a natural person or an entity, including, but not limited to, a corporation, partnership, association, trust, limited liability company, cooperative, or other organization.

(a) “Grocery establishment” shall have the same meaning as “grocery establishment” as defined in subdivision (d) of Section 2502 of the Labor Code.

(b) “Personally identifiable information” shall have the same meaning as “personal information” as defined in paragraph (1) of subdivision (v) of Section 1798.140 of the Civil Code and any regulations promulgated thereunder.

(c) “Surveillance pricing” means offering or setting a customized price increase for a good or service for a specific consumer or group of consumers, based, in whole or in part, on personally identifiable information collected through electronic surveillance technology. “Surveillance pricing” includes the use of technological methods, systems, or tools, including, but not limited to, sensors, cameras, device tracking, biometric monitoring, or other forms of observation or data collection, that are capable of gathering personally id