AB 446: Surveillance pricing.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

Existing law, the California Consumer Privacy Act of 2018 (CCPA), grants a consumer various rights with respect to personal information that is collected or sold by a business, as defined, including the right to direct a business that sells or shares personal information about the consumer to third parties not to sell or share the consumer’s personal information, as specified. Existing law, the California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA and establishes the California Privacy Protection Agency and vests the agency with full administrative power, authority, and jurisdiction to enforce those provisions.

Existing law requires a retail grocery store or grocery department within a general retail merchandise store that uses a point-of-sale system to have a clearly readable price indicated on 85% of the total number of packaged consumer commodities offered for sale, subject to specified exemptions.

This bill would, subject to certain exceptions, prohibit a grocery establishment, as defined, from engaging in surveillance pricing. The bill would define “surveillance pricing” to mean offering or setting a customized price increase for a good or service for a specific consumer or group of consumers, based, in whole or in part, on personally identifiable information collected through electronic surveillance technology, as specified. The bill would provide that only a public prosecutor, as specified, may bring an action against a violator of these provisions to recover specified civil penalties, injunctive relief, and reasonable attorney’s fees and costs, and would authorize a consumer to bring an action for injunctive relief and reasonable attorney’s fees and costs. The bill would declare that any waiver of these provisions is against public policy and is void and unenforceable.

This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020.

Sponsors

Sponsors by party (alphabetical): Democratic 3

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. September 10, 2025Ordered to inactive file at the request of Senator McNerney.
2. September 2, 2025Read second time. Ordered to third reading.
3. August 29, 2025Read second time and amended. Ordered returned to second reading.
4. August 29, 2025From committee: Amend, and do pass as amended. (Ayes 4. Noes 2.) (August 29).
5. August 18, 2025In committee: Referred to suspense file.
6. July 17, 2025Read second time and amended. Re-referred to Com. on APPR.
7. July 16, 2025From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 2.) (July 15).
8. May 21, 2025Referred to Coms. on JUD. and APPR.
9. May 13, 2025In Senate. Read first time. To Com. on RLS. for assignment.
10. May 12, 2025Read third time. Passed. Ordered to the Senate. (Ayes 47. Noes 20. Page 1516.)
11. May 7, 2025Read second time. Ordered to third reading.
12. May 6, 2025From committee: Do pass. (Ayes 8. Noes 3.) (May 6).