Delaware General Assembly

House Economic Development/Banking/Insurance & Commerce 6/4/26

Committee Hearing takes place within twelve legislative days.

6/4/26

Chukwuocha

Sen. Mantzavinos

Reps. Osienski, K. Johnson, Romer, Morrison
Sen. Lockman, Pinkney, Lawson

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO CONSUMER PROTECTION AND SURVEILLANCE BASED PRICING DISCRIMINATION.

This Act prohibits surveillance-based price discrimination by forbidding the use of automated decision systems to set individualized consumer prices based on personal data, metadata, or proxy data, such as device identifiers and digital behavioral patterns, used to infer a consumer's socioeconomic status or urgency of purchase. While the Act establishes safe harbors for discounts based on lawful, objective criteria (e.g., military, student, or senior status), it ensures that rewards and loyalty programs are not used to circumvent these protections by requiring that such discounts remain uniform across membership and are not individualized through algorithmic profiling. This Act may be enforced by the Department of Justice, as an unlawful practice under § 2513 of Title 6. The Act also provides consumers with a private right of action to recover actual damages or $3,000 per violation, whichever is greater, alongside potential treble damages for willful intent.

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