AI Frontier Institute

Prohibit Surveillance Price & Wage Setting

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House Bill 26-1210 would have banned individualized pricing and wage setting based on surveillance data in Colorado. Governor Polis vetoed it on June 2, 2026, so it is not law. The bill would have created part 19 of article 1 of title 6, barring individualized price setting and individualized wage setting: using a price or wage setting algorithm (software, AI, or statistical modeling that analyzes surveillance data about a person's characteristics, online behavior or biometrics and is a substantial factor in the result) to set the price offered to a consumer or the wage offered to a worker (6-1-1901, 6-1-1902). Price differences would have stayed lawful where justified by cost, timing, or supply and demand, and for publicly posted discounts for groups such as students, seniors or military members, loyalty programs, customer service credits, need-based medical discounts, recurring subscription prices that no such algorithm informed, and credit refusals based on consumer reports. Credit decisions by the true lender in listed licensed lending categories and pricing by regulated insurers were excluded. Individualized wages would have been allowed only when based solely on data about a worker's own seniority or the tasks the worker was hired to do, including performance and new business generated, and only if the employer disclosed in plain language, before hiring and to every worker whose wages the algorithm sets, what data it considers and how. Businesses using such algorithms would have had to publish procedures to keep their data accurate and to let workers learn what data is considered and how, and correct or challenge it. Violations would have been deceptive trade practices under the Colorado Consumer Protection Act (6-1-105(1)(ssss)), and the Attorney General could have adopted rules (6-1-1903).

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