Text of OK HB 3959 (2026)

Req. No. 15033 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 60th Legislature (2026) HOUSE BILL 3959 By: Munson AS INTRODUCED An Act relating to technology; creating the Protecting Consumers and Jobs from Predatory Pricing Act; providing definitions; directing food retail establishments that use personalized algorithmic pricing using specific consumer data to make disclosure to consumers; prohibiting the use of electronic shelving labels by large food retailers; clarifying what is not limited; prohibiting the use of electronic shelving labels for personalized algorithmic pricing or surveillance pricing; prohibiting food retail establishments from engaging in personalized algorithmic pricing or surveillance pricing; prohibiting the collecting data of minors for targeted advertising or personalized algorithmic pricing; prohibiting food retail establishments from using protected class data in setting prices; providing exemptions; permitting the attorney general to enforce act; creating civil penalties; establishing a private right of action; providing for codification; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 500 of Title 75A, unless there is created a duplication in numbering, reads as follows: This act shall be known and may be cited as the "Protecting Consumers and Jobs from Predatory Pricing Act". Req. No. 15033 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 501 of Title 75A, unless there is created a duplication in numbering, reads as follows: As used in this act: 1. "Algorithm" means a computational process that uses a set of rules to define a sequence of operations including but not limited to artificial intelligence (AI) systems and facial recognition software; 2. "Clear and conspicuous disclosure" means disclosure in the same medium as, and provided on, at, or near and contemporaneous with every advertisement, display, image, offer, or announcement of a price for which notice is required, using lettering and working that is easily visible and understandable to the average consumer; 3. "Consumer" means a natural person who is seeking or solicited to purchase, lease, or receive a good or service not for resale in the ordinary course of the natural person's trade or business, but for personal, family, or household use; 4. "Consumer data" means any data that identifies or could reasonably be linked, directly or indirectly, with a specific natural person or device, excluding location data; 5. "Dynamic and surveillance pricing" means pricing that fluctuates dependent on conditions where algorithmic or AI models retrain or recalibrate on information in near real time, excluding promotional pricing offers, loyalty program benefits or other Req. No. 15033 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 temporary discounts or changes to pricing related to retention of existing customers; 6. "Electronic shelving labels" (ESLs) means electronic and wireless paper (E-paper) displays that present product and pricing information; 7. "Food Retail Establishment" means a retail store that is either: a. over fifteen thousand (15,000) square feet in size and sells primarily household foodstuff for offsite including fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and prepared foods, other household supplies or products are secondary to the primary purpose of food sales; or b. over eighty-five thousand (85,000) square feet and with ten percent (10%) of their sales floor area dedicated to the sale of nontaxable merchandise including the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and prepared foods. "Surveillance pricing" means offering or setting a customized price for a good or service for a specific consumer or group of consumers, based, in whole or in part, on covered information collected through Req. No. 15033 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 electronic surveillance technology. Surveillance pricing includes the use of technological methods, systems, or tools, including, but not limited to, sensors, cameras, device tracking, biometric monitoring, or other forms of observation or data collection, that are capable of gathering covered information about a consumer's behavior, characteristics, location, or other personal attributes, whether in physical or digital environments; 8. "Non-digital presentation of price" means: a. a sign which offers the unit price for one or more brands or sizes of a given commodity, b. a sticker, stamp, sign, label, or tag, affixed to the shelf upon which the commodity is displayed, and c. a sticker, stamp, sign, label, or tag, affixed to the consumer commodity itself. If a single sign or tag does not provide the unit price information for more than one brand or size of a given commodity, then the following information shall be provided: (1) the identity, (2) the brand name, (3) the quantity of the packaged commodity if more than one package size per brand is displayed, Req. No. 15033 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (4) the total sale price, and (5) the price per appropriate unit. Where a sign providing unit price information for one or more sizes or brands of a given commodity is used, the sign shall be located centrally as close as practical to all items to which the sign refers, and the unit price information displayed thereon shall be presented in a clear, distinct, and nondeceptive manner; 9. "Personalized algorithmic pricing" means dynamic pricing and surveillance pricing derived from or set by an algorithm that uses consumer data which may vary among consumers or groups of consumers; 10. "Person" means any human being or individual; 11. "Protected class data" means information about an individual person or groups of people that directly, in combination, or by implication identifies a characteristic that is legally protected from discrimination under the laws of this state or under federal law, including but not limited to ethnicity, national origin, age, disability, sex, sexual orientation, gender identity and expression, pregnancy outcomes and reproductive health care. SECTION 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 502 of Title 75A, unless there is created a duplication in numbering, reads as follows: Req. No. 15033 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A. Any food retail establishment who knowingly advertises, promotes, labels, or publishes a statement, display, image, offer, or announcement that uses personalized algorithmic pricing using consumer data specific to a particular consumer is required to provide a clear and conspicuous disclosure to consumers that "THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA". B. In food retail establishments larger than fifteen thousand (15,000) square feet the use of ESLs or any digital shelf display technology shall be prohibited and a non-digital presentation of price shall be used. This prohibition does not limit any food retail establishment and any business to provide consumers, based on previous purchase history, a discount, promotional price, or loyalty program benefit. C. The use of ESLs or any digital shelf display technology to display personalized algorithmic pricing or surveillance pricing is prohibited. D. It is unlawful, for any reason, for any food retail establishment to engage in personalized algorithmic pricing or surveillance pricing. E. Data of minors under seventeen (17) years of age shall not be collected or used for targeted advertising or personalized algorithmic pricing under any circumstances. Req. No. 15033 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 F. No food retail establishment shall use protected class data in setting a price for, offering, marketing, or selling any good or service if any of the following are true: 1. The use of that data has the effect of withholding or denying any of the accommodations, advantages, and privileges accorded to others; and 2. The price for such good or service is different from the price offered to other individuals or groups based in whole or in part on the use of protected class data. G. Nothing in this act shall apply to financial services, including but not limited to financial institutions, financial institution affiliates, broker-dealers, registered investment advisors, and entities that provide consumer credit products such as credit cards, personal loans, and mortgages. H. Nothing in this act shall apply to any insurer licensed, regulated, or otherwise authorized to do business in the state of Oklahoma under the insurance law, including any persons, agents, or affiliates acting on behalf of such insurer. SECTION 4. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 503 of Title 75A, unless there is created a duplication in numbering, reads as follows: A. Whenever there shall be a violation of any portion of this act, an application may be made by the Attorney General in the name of the people of the State of Oklahoma to a court or justice having Req. No. 15033 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 jurisdiction to issue an injunction, and upon notice to the respondent of not less than five (5) days, to enjoin and restrain the continuance of such violations: and if it shall appear to the satisfaction of the court or justice that the respondent has, in fact, violated any portion, an injunction may be issued by such court or justice, enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby. B. Whenever the court shall determine that a violation of any portion of this act has occurred, the court may impose a civil penalty of not more than Seven Thousand Five Hundred Dollars ($7,500.00) for each violation. In connection with any such application, the Attorney General is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules. C. In addition to any other remedies provided in this act, any person aggrieved by a violation of this act is entitled to bring an action in a court of appropriate jurisdiction. Nothing in this section shall in any way limit rights or remedies which are otherwise available under law to the Attorney General or any other person authorized to bring an action under this act. SECTION 5. This act shall become effective November 1, 2026. 60-2-15033 MJ 12/18/25