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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9371 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 9371
To require disclosure when personalized algorithmic pricing is used,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 18, 2026
Mr. Subramanyam (for himself and Ms. Goodlander) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To require disclosure when personalized algorithmic pricing is used,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shedding Light on Algorithms Setting
Higher Prices Act'' or the ``SLASH Prices Act''.
SEC. 2. DATA PRICING DISCLOSURE REQUIRED.
(a) Requirements.--
(1) Disclosure.--
(A) Personalized algorithmic pricing.--A covered
person shall disclose to a consumer if the covered
person is using personalized algorithmic pricing to
charge different prices for the same goods and
services.
(B) Disclosure requirements.--The disclosure
required by subparagraph (A) shall--
(i) include a notice in writing stating:
``This price was set by an algorithm using your
personal data.''; and
(ii) be prominently displayed in the same
place as each offered price.
(2) Opt-out.--
(A) Opt-out request.--A covered person shall
provide a mechanism for and immediately comply with an
authenticated consumer request to opt-out of
personalized algorithmic pricing. The opt-out request
shall clearly communicate the price of the goods or
service that the customer will be offered once the
customer has opted out.
(B) Opt-out discrimination prohibited.--A covered
person may not discriminate against a consumer who
makes a request under subparagraph (A), including by
denying goods or services, marking up rates or prices
for consumers who have opted out, or providing a
different level of quality of goods and services to the
consumer.
(3) Notification.--A covered person shall notify the
Commission--
(A) if the covered person starts to use
personalized algorithmic pricing to charge different
prices for the same goods and services; and
(B) if the covered person stops such use.
(b) Exemptions.--The requirements of subsection (a) do not apply to
the following:
(1) Any service or product relating to insurance or credit.
(2) Use of dynamic pricing.
(3) A discount program available to broadly defined groups
like teachers, service members, senior citizens, students, and
veterans.
(4) The use of geographic location data for the purpose of
calculating fare for a ride share or for-hire vehicle service.
(5) The use of geographic location data or an internet
protocol address to determine the jurisdiction in which an
individual is located solely for the purpose of any of the
following:
(A) Limiting offered products or services to those
available in the jurisdiction.
(B) Displaying prices in the appropriate currency.
(C) Calculating jurisdiction specific taxes.
(D) Complying with jurisdiction specific regulatory
requirements.
(6) Differences in prices based solely on differences in
delivery distance or delivery time.
(7) Individualized prices that are offered to a consumer as
a credit, rebate, or discount in response to a consumer
complaint, service disruption, delivery issue, billing error,
or other similar customer service interaction.
(c) Reporting of Violations.--Not later than 1 year after the date
of the enactment of this Act, the Commission shall provide a method for
individuals to report violations of this Act, which may include the
reporting of violations in the Consumer Sentinel Network.
(d) Enforcement by Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
subsection (a) or a regulation promulgated under such
subsection shall be treated as a violation of a regulation
under section 18(a)(1)(B) of the Federal Trade Commission Act
(15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or
practices.
(2) Powers of commission.--The Federal Trade Commission
shall enforce subsection (a) and any regulation promulgated
under such subsection in the same manner, by the same means,
and with the same jurisdiction, powers, and duties as though
all applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated into
and made a part of this section. Any person who violates such
subsection or a regulation promulgated under such subsection
shall be subject to the penalties and entitled to the
privileges and immunities provided in the Federal Trade
Commission Act.
(e) Actions by States.--
(1) In general.--In any case in which the attorney general
of a State, or an official or agency of a State, has reason to
believe that an interest of the residents of such State has
been or is threatened or adversely affected by an act or
practice in violation of subsection (a) or a regulation
promulgated under such subsection, the State, as parens
patriae, may bring a civil action on behalf of the residents of
the State in an appropriate State court or an appropriate
district court of the United States to--
(A) enjoin such act or practice;
(B) enforce compliance with such subsection or such
regulation;
(C) obtain damages, restitution, or other
compensation on behalf of residents of the State; or
(D) obtain such other legal and equitable relief as
the court may consider to be appropriate.
(2) Notice.--Before filing an action under this subsection,
the attorney general, official, or agency of the State involved
shall provide to the Federal Trade Commission a written notice
of such action and a copy of the complaint for such action. If
the attorney general, official, or agency determines that it is
not feasible to provide the notice described in this paragraph
before the filing of the action, the attorney general,
official, or agency shall provide written notice of the action
and a copy of the complaint to the Federal Trade Commission
immediately upon the filing of the action.
(3) Authority of federal trade commission.--
(A) In general.--On receiving notice under
paragraph (2) of an action under this subsection, the
Federal Trade Commission shall have the right--
(i) to intervene in the action;
(ii) upon so intervening, to be heard on
all matters arising therein; and
(iii) to file petitions for appeal.
(B) Limitation on state action while federal action
is pending.--If the Federal Trade Commission or the
Attorney General of the United States has instituted a
civil action for violation of subsection (a) or a
regulation promulgated under such subsection (referred
to in this subparagraph as the ``Federal action''), no
State attorney general, official, or agency may bring
an action under this subsection during the pendency of
the Federal action against any defendant named in the
complaint in the Federal action for any violation of
such subsection or regulation alleged in such
complaint.
(4) Rule of construction.--For purposes of bringing a civil
action under this subsection, nothing in this Act shall be
construed to prevent an attorney general, official, or agency
of a State from exercising the powers conferred on the attorney
general, official, or agency by the laws of such State to
conduct investigations, administer oaths and affirmations, or
compel the attendance of witnesses or the production of
documentary and other evidence.
(f) Definitions.--In this section:
(1) Algorithm.--The term ``algorithm'' means a
computational automated process that uses a set of rules to
define a sequence of operations.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Covered person.--The term ``covered person'' means an
individual, business, or other entity that sells goods or
services online or in person.
(4) Dynamic pricing.--The term ``dynamic pricing'' means a
flexible pricing model in which prices are set using real-time
market conditions that does not use personal data.
(5) Personal data.--The term ``personal data'' means any
data that identifies or could reasonably be linked, directly or
indirectly, with a specific consumer or device.
(6) Personalized algorithmic pricing.--The term
``personalized algorithmic pricing'' means a form of dynamic
pricing which uses an algorithm to set unique prices for
individuals based on their personal data.
(g) Effective Date.--This Act shall take effect one year after the
date of the enactment of this Act.
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