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Bill

HB 121

Surveillance pricing; prohibited, civil penalties.

2026 Regular Session

Virginia proposes banning businesses from using surveillance data to set personalized prices, with civil penalties for violations affecting retail and digital commerce practices.

Subcommittee recommends continuing to (Voice Vote)
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WeVote Research Nonpartisan
Bill Summary · HB 121

Legislative bill overview

HB 121 prohibits businesses from using surveillance data to set personalized prices for goods or services, and establishes civil penalties for violations. The bill appears designed to prevent "surveillance capitalism" pricing practices where companies charge different prices to different consumers based on their tracked behavior, location, or personal data.

Why is this important

As digital tracking becomes more sophisticated, companies increasingly use personal data to determine what individual customers will pay—potentially charging higher prices to those deemed less price-sensitive. This practice raises consumer protection concerns and economic fairness issues, though it also affects how businesses can operate and compete in digital markets.

Potential points of contention

  • Definitional challenges: What constitutes "surveillance pricing" versus legitimate price discrimination (discounts for loyalty programs, bulk purchases, or demographic targeting) remains unclear without bill language
  • Business impact: Retailers and e-commerce platforms rely on data analytics for pricing strategy; restrictions could increase compliance costs and limit personalization features consumers sometimes value
  • Enforcement burden: Determining when price differences result from surveillance versus other factors (inventory, demand, supplier costs) creates enforcement and litigation complexities
  • Interstate commerce: Virginia-only restrictions may be circumvented by online retailers operating from other states or complicate multi-state business operations

Compiled from official sources — confirm details with the bill’s official record.

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