AI Frontier Institute

Consumer Data Protection Act; online device pricing, prohibition.

View primary source →

Senate Bill 615 (Virginia, 2026 prefiled) has not been enacted; it was referred to the Committee on General Laws and Technology and continued to the next session. If enacted, it would amend the Consumer Data Protection Act's definitions in § 59.1-575 and add new § 59.1-577.2, "Online device pricing; prohibition." The definitions section would add new terms including "Consumer transaction" (same meaning as in § 59.1-198), "Coupon," "Discount," "Hardware state" (e.g., battery life, number of wireless connections detected, hardware performance characteristics, device age, and data erased or retained on restart or power-down), and "Online device" (a physical object that can communicate via the internet or short-range wireless, such as a laptop, tablet, phone, or other smart hardware). Under § 59.1-577.2(A), no controller or processor could, in connection with a consumer transaction, generate in whole or in part a price offered to a consumer through the consumer's online device 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. Under § 59.1-577.2(B), the section would not prohibit: (1) hardware-based pricing for repairs or maintenance or for calculating trade-in value; (2) using precise geolocation to price based on real-time local demand for products or services provided immediately upon request, or on price differences between physical locations due to legitimate cost differences, including state or local taxes, duties, or fees; or (3) bona fide coupons, discounts, rebates, sales, or promotions that are separate from the price, reduce the price, are offered to the general public on the same terms, and do not use the input data listed in subsection A.

← Back to the tracker