Going to be interesting to see how this affects Uber prices in Colorado. afaict Uber heavily engages in surveillance pricing but claims otherwise, deferring to 'discount' terminology.
> Republican Rep. Chris Richardson, an Elbert County Republican, argued that the bill is too broad and could regulate standard analytic usage in the workplace, such as a human resources software that recommends a pay band for employees based on performance.
He does not think this is is just selling it further? Oh no, it might prohibit software automatically determining my wages, how could we even have a society if we don't let computers figure out the least they can pay me without me quitting.
The attorney general or a district attorney may bring a civil action on behalf of the state against a person that violates the prohibition against individualized price or wage setting based on surveillance data to seek the imposition of civil penalties. In addition, a person aggrieved by a violation of the prohibition specified in the bill may bring a civil action on behalf of themself or a group of similarly situated persons to restrain further violations and to recover damages, costs, and reasonable attorney fees.
A violation of the prohibition against individualized price setting or individualized wage setting is a deceptive trade practice under the "Colorado Consumer Protection Act".
Allowing private right of action means this will be weaponized by attorneys in the same way the ADA has. Just scanning the bill, any small business in the US using dynamic pricing, targeted discounts or "VIP pricing" on their website would be open to suits from Colorado residents. The definitions are extremely broad and there is no safe harbor for small companies either. Damages are also uncapped and apparently Colorado allows treble damages for CCPA violations.
The article links to the law. Looks like this is an addition to the existing law about unfair or deceptive trade practices. That allows for a civil penalty of up to $20,000 per person or transaction involved.
Going to be interesting to see how this affects Uber prices in Colorado. afaict Uber heavily engages in surveillance pricing but claims otherwise, deferring to 'discount' terminology.
> Republican Rep. Chris Richardson, an Elbert County Republican, argued that the bill is too broad and could regulate standard analytic usage in the workplace, such as a human resources software that recommends a pay band for employees based on performance.
He does not think this is is just selling it further? Oh no, it might prohibit software automatically determining my wages, how could we even have a society if we don't let computers figure out the least they can pay me without me quitting.
seems incomplete. There's no point in banning anything, if anyone can just do something banned, flout the law, with no consequences.
and -at least in this article- the consequences seem noticeably missing
EDIT: Althought the article does not include it, the bill (linked from the article) does.
It’s right at the top of the linked bill.
The attorney general or a district attorney may bring a civil action on behalf of the state against a person that violates the prohibition against individualized price or wage setting based on surveillance data to seek the imposition of civil penalties. In addition, a person aggrieved by a violation of the prohibition specified in the bill may bring a civil action on behalf of themself or a group of similarly situated persons to restrain further violations and to recover damages, costs, and reasonable attorney fees. A violation of the prohibition against individualized price setting or individualized wage setting is a deceptive trade practice under the "Colorado Consumer Protection Act".
Allowing private right of action means this will be weaponized by attorneys in the same way the ADA has. Just scanning the bill, any small business in the US using dynamic pricing, targeted discounts or "VIP pricing" on their website would be open to suits from Colorado residents. The definitions are extremely broad and there is no safe harbor for small companies either. Damages are also uncapped and apparently Colorado allows treble damages for CCPA violations.
The article links to the law. Looks like this is an addition to the existing law about unfair or deceptive trade practices. That allows for a civil penalty of up to $20,000 per person or transaction involved.