AI Frontier Institute

Consumer Data Protection Act; online device pricing, prohibition.

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Virginia SB 615 (2026) was prefiled January 14, 2026, referred to the Committee on General Laws and Technology, and continued to the next session on January 28, 2026 (15-Y 0-N). It has not been enacted. If enacted, it would amend the Consumer Data Protection Act by adding § 59.1-577.2, "Online device pricing; prohibition." Under that section, no controller or processor could, in connection with a consumer transaction, generate a price offered to a consumer through the consumer's online device, in whole or in part, based on (1) the device's hardware or hardware state, (2) the presence or absence of software on the device, or (3) the device's precise geolocation data when used to set a price based on inferences about the consumer. Subsection B would carve out: pricing based on hardware or hardware state for repairs or maintenance or for calculating trade-in value; use of precise geolocation to price based on real-time local demand for products or services provided immediately on request, or on legitimate cost differences between physical locations (including state or local taxes, duties, or fees); and coupons, discounts, rebates, sales, or promotions that are separate from the price, are offered to the general public on the same terms, and do not use the prohibited input data. The bill also amends § 59.1-575 to add definitions, including "coupon," "discount," "hardware state," "online device," and "consumer transaction" (by reference to § 59.1-198). It also amends the definition of "biometric data" to cover only data used to identify a specific individual.

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