H.R. 9371

[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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