AI Frontier Institute

Georgia Surveillance Pricing Act; enact

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Georgia House Bill 1439, the "Georgia Surveillance Pricing Act" (Section 1), has been introduced but not enacted. If enacted, it would add Code Section 10-1-393.22 to the Fair Business Practices Act of 1975 (Section 4). That section would bar large retail food establishments from engaging in "surveillance pricing." The bill defines this as adjusting an item's price for a particular consumer or group based in whole or in part on personal data, including through electronic surveillance technology or electronic shelf labels. A "retail food establishment" is either a store of at least 15,000 square feet whose primary function is selling food for off-site consumption, or a store of at least 85,000 square feet that devotes at least 10 percent of its sales floor to such food. Exceptions in proposed 10-1-393.22(b)(2) allow: (A) discounts for groups defined by occupation, age, military service, or student status; (B) discounts or rewards based on purchase history or loyalty program participation; and (C) intraday price changes on electronic shelf displays. The intraday changes must apply equally to all consumers and not rely on protected class data. The store may raise the price of an essential commodity no more than once per 24 hours. The store must also post a clear, conspicuous printed daily maximum price for each item on an electronic display. Violations would be unfair or deceptive practices. Section 3 adds them to the list in Code Section 10-1-393(b) as new paragraph (38). Enforcement would be by the Attorney General under Code Section 10-1-397 and by private right of action under Code Section 10-1-399 (proposed 10-1-393.22(c)). Section 2 sets out legislative findings on consumer privacy, discrimination, job protection, and transparency about AI in retail. Section 5 repeals conflicting laws.

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