Vermont S. 207: An act relating to eliminating fees for placing or removing a credit freeze

Bill Text

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VT LEG #384891 v.1
S.207 1
Introduced by Senators White, Gulick, Harrison, Major, Plunkett and 2
Vyhovsky 3
Referred to Committee on 4
Date: 5
Subject: Consumer protection; artificial intelligence; surveillance pricing 6
Statement of purpose of bill as introduced: This bill proposes to prohibit the 7
use of surveillance pricing to distribute, sell, or offer for sale consumer 8
products in the State. 9
An act relating to prohibiting surveillance pricing 10
It is hereby enacted by the General Assembly of the State of Vermont: 11
Sec. 1. 9 V.S.A. chapter 118 is added to read: 12
CHAPTER 118. ARTIFICIAL INTELLIGENCE 13
Subchapter 1. Surveillance Pricing 14
§ 4193a. DEFINITIONS 15
As used in this subchapter: 16
(1) “Aggregate consumer information” means information that relates to 17
a group or category of consumers, from which individual consumer identities 18
have been removed, that is not linked or reasonably linkable to any consumer 19
or household, including through the use of a device. 20

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(2) “Consumer” means a person who purchases or intends to purchase a 1
consumer product. 2
(3) “Consumer commodity” has the same meaning as in 6 V.S.A. § 681. 3
(4) “Consumer product” means any product that is regularly used or 4
purchased to be used for personal, family, household, commercial, or business 5
purposes, including a consumer commodity. 6
(5) “Covered information” means either personally identifiable 7
information or aggregate consumer information. 8
(6) “Electronic surveillance technology” means a system, software, or 9
process derived from machine learning, statistics, or other data processing or 10
artificial intelligence techniques used to collect, capture, record, or retain 11
personally identifiable information. 12
(7) “Personally identifiable information” has the same meaning as in 13
subdivision 2430(10) of this title. 14
(8) “Standard price” means the price of a good or service that is set for 15
all consumers that is not based upon covered information. 16
(9) “Surveillance pricing” means using covered information gathered 17
through electronic surveillance technology to set the price of a consumer 18
product that differs from the standard price. 19

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§ 4193b. SURVEILLANCE PRICING; PROHIBITION 1
(a) Except as provided under subsection (b) of this section, a person shall 2
not use surveillance pricing to distribute, sell, or offer for sale a consumer 3
product in the State. 4
(b) A person may use surveillance pricing to distribute, sell, or offer for 5
sale a consumer product if any of the following apply: 6
(1) The difference from the standard price charged to a consumer is 7
based solely on the cost to the person of providing the consumer product to 8
that consumer. 9
(2) The difference from the standard price is a discount offered to all 10
consumers on equal terms in a manner consistent with applicable 11
antidiscrimination laws. If the person gathers personally identifiable 12
information in connection with the provision of this discount, the person shall 13
ensure both of the following: 14
(A) the consumer shall receive a clear and conspicuous written notice 15
describing in readily ascertainable terms the specific intended purposes for 16
which the person will use the personally identifiable information before the 17
person uses the information for those purposes; and 18
(B) the consumer shall provide written affirmative consent for any 19
purpose described in subdivision (A) of this subdivision (2) before the 20
consumer’s personally identifiable information is used for that purpose. 21

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(3) The person is licensed by the Department of Financial Regulation to 1
conduct insurance business in the State pursuant to 8 V.S.A. chapter 101, 2
provided that the person complies with any applicable rate standards under 8 3
V.S.A. chapter 128. 4
§ 4193c. VIOLATIONS 5
(a) A violation of this subchapter is deemed to be a violation of section 6
2453 of this title. 7
(b) The Attorney General has the same authority to make rules, conduct 8
civil investigations, and bring civil actions with respect to the acts and 9
practices that constitute surveillance pricing as is provided under chapter 63, 10
subchapter 1 of this title. 11
(c) A consumer subject to surveillance pricing has the same rights as a 12
consumer has under section 2461 of this title. 13
Sec. 2. EFFECTIVE DATE 14
This act shall take effect on July 1, 2026. 15