Businesses would disclose or stop using personalized pricing

Businesses would have to tell consumers when an algorithm uses their personal data to set a price, and they could not use personalized or surveillance pricing. These rules cover businesses operating in Nebraska and prices for goods or services offered to consumers. The disclosure would have to be clear, easy to see, and provided with the advertisement or price offer. Businesses could not use protected-class information to deny comparable benefits or charge different prices. Financial-service providers and Nebraska-authorized insurers would be excluded.

Grocery stores larger than 10,000 square feet would have to use paper or other nondigital price displays instead of electronic shelf labels. The rule covers grocery stores larger than 10,000 square feet and their shelf price displays. Stores could still offer discounts, promotional prices, or loyalty benefits based on a customer’s past purchases. The store would still need to show required price information clearly and close to the related products.

The Attorney General could seek court orders to stop violations, and courts could impose civil penalties of up to $7,500 per violation. The enforcement rules cover alleged violations of the act and allow an affected person to sue the alleged violator. The Attorney General could investigate, determine facts, and issue subpoenas. A court could issue an injunction without proof that someone was injured. An affected person could bring a separate civil action, and existing legal remedies would remain available.