Bill
SD 587
Prohibits stores from using on-site biometric data to adjust or suggest prices or items, except for voluntary, at-point-of-sale identity verification with damages for violations.
Purpose and intent
- Prohibits “surveillance pricing” practices by food stores and food departments that adjust or suggest prices based on customers’ biometric data collected on the premises.
- Allows voluntary biometric verification at the point of sale as an exception.
- Establishes enforcement through the state’s consumer protection framework (Chapter 93A) with damages for violations.
Key provisions and changes
- Definitions (Section 330(a)):
- Biometric data: Data from automatic measurements of unique biological characteristics (e.g., fingerprint, voiceprint, iris, gait). Excludes photographs, audio/video recordings, or data derived from them.
- Food store: Any retailer primarily selling food for personal/family use, including grocery items.
- Food department: A seller (other than a traditional food store) that has a section selling 100+ different food items for consumption off-premises.
- Item: A distinct product with its own UPC/SKU or, for non-coded items, any distinguishing characteristics.
- Operator: The owner of a food department or food store.
- Prohibition on surveillance pricing (Section 330(b)):
- Food stores and food departments may not suggest items or adjust prices directly or indirectly based on biometric data collected on the premises.
- Voluntary biometrics exception (Section 330(c)):
- Stores may use biometrics to verify a customer’s identity at the point of sale if the customer voluntarily consents.
- Enforcement and remedies (Section 330(d)):
- Violations are deemed an injury and constitute an unfair or deceptive act or practice under Chapter 93A.
- If a court finds for a petitioner, damages are either actual damages or $5,000, whichever is higher (subject to the remedies framework of Chapter 93A).
Who is affected
- Food stores and their operators, including physical grocery stores and food departments within larger retailers.
- Shoppers and consumers whose biometric data could be collected on-premises (subject to the voluntary verification exception).
- The enforcement ecosystem under Chapter 93A (unfair or deceptive acts or practices).
Procedural and timeline notes
- Filed: January 14, 2025 (Senate Docket No. 587; Senate No. 47 as introduced).
- Introduced: February 27, 2025.
- Legislative actions: Referred to the Committee on Advanced Information Technology, the Internet and Cybersecurity (noted as of March 10, 2025 in the provided record). The bill’s path indicates cross-chamber activity (House concurrence noted on February 27 in the provided material).
- Next steps: Committee review, potential amendments, and Floor consideration in both chambers as the bill progresses.
Impact snapshot
- Primary effect: Curtails price- and product-positioning strategies tied to biometric data; enhances consumer protection against surveillance-based pricing.
- Privacy/control dimension: Allows only voluntary biometric use at checkout, reinforcing consumer consent requirements.
- Remedies: Strongest leverage via 93A unfair/deceptive practices with meaningful damages.
Compiled from official sources — confirm details with the bill’s official record.
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