Elections: vote by mail ballots.

The entire Fair Online Pricing Act was removed, including new Chapter 40 (Sections 22949.82 through 22949.82.2) of the Business and Professions Code that would have prohibited businesses from setting prices based on a consumer's device hardware state, installed software, or geolocation inferences.

The bill title and legislative counsel digest no longer reference the Fair Online Pricing Act or any consumer protection provisions. The bill is now solely titled 'Elections: vote by mail ballots.'

The enrolled version reflects passage in both chambers (Assembly Aug 28, 2026; Senate Aug 30, 2026) and is dated as Enrolled August 30, 2026. The election security text itself (Section 18577 amendments, no-reimbursement clause, and urgency clause) is substantively unchanged between versions.

The geolocation data prohibition in Section 22949.82.1(a)(3)(A) was narrowed to apply only when geolocation data is 'used to set a price based on inferences about the consumer made from this data,' rather than prohibiting all geolocation-based pricing.

The definition of 'hardware state' was expanded to include 'hardware performance characteristics' as an example, and the separate definitions for 'volatile data' and 'nonvolatile data' were removed and folded into the hardware state definition.

The coupon and discount exception in Section 22949.82.1(b) was broadened: it no longer requires coupons to be 'optional' or 'wholly distinguishable,' now only requires they be 'separate from the price' and 'issued or offered to the general public on the same terms.' The reference changed from 'device-specific input data' to 'input data as specified in subdivision (a).'

The geolocation exception for cost/demand differences was loosened from 'to the extent necessary to reflect' to 'to the extent related to' differences in costs or demands, making it easier for businesses to justify location-based price variation.

Section 22949.82.2 now explicitly states that cumulative duties include 'duties or obligations related to the accurate advertising, displaying, or offering of prices,' linking the bill to existing price display and advertising requirements.

Section 1 was amended to add citation language ('shall be known, and may be cited, as'), and coauthors (Assembly Members Lowenthal, Connolly, Garcia, Haney, and Kalra) were formally added to the bill header.

New exception in Section 22949.82.1(a)(1)(B) allows pricing based on hardware or hardware state of a device when used for repairs, maintenance, or calculating trade-in value of that device.

The geolocation pricing exceptions were restructured: the old version listed three separate exceptions (cost/demand differentials, real-time demand surcharges, and location-based price variances/taxes). The new version removes the standalone cost/demand differential exception and folds it into the general 'reasons not specified in subparagraph (A)' language, leaving only two enumerated exceptions (real-time demand pricing and location-based price variances/taxes).

New Section 3 adds a legislative finding that cellular broadcast technology is a critical service during emergencies and is not encompassed by the term 'geolocation' for purposes of the act, effectively exempting it from the geolocation-based pricing prohibition.

Section 22949.82.2 (cumulative duties provision) was expanded to explicitly include 'duties or obligations related to the accurate advertising, displaying, or offering of prices' as examples of other-law obligations that are not relieved by this chapter.

Typo fix in Section 1: 'known known' corrected to 'known.' Amendment date updated from September 5 to September 9, 2025.

The requirement that a person must place a clear and conspicuous disclosure reading 'Price personalized with your personal information' adjacent to any price determined by an algorithmic pricing system has been entirely removed.

A new geolocation exception allows businesses to use location data to provide accurate pricing based on price variances at different physical locations due to legitimate cost or demand differentials or state/local government taxes, duties, or other fees.

The first geolocation exception was broadened from reflecting 'differences in the costs associated with providing a good or service' to also include 'demands' as a factor.

The exemption from the pricing prohibition was expanded from covering only optional coupons that are wholly distinguishable from the price, to also covering any discount, bona fide rebates, sales, or promotions that reduce the price of goods or services available to the general public on the same terms.

The definitions of 'algorithmic pricing system' and 'artificial intelligence' were removed from the bill.

A new definition of 'discount' was added: any reduction from the regular or advertised price offered to consumers on a temporary or conditional basis.

The cumulative duties and remedies section was consolidated from two subdivisions into a single unlettered paragraph, with minor language cleanup removing a redundant 'law and.'

The mandatory disclosure text changed from 'Price generated with an algorithmic pricing system' to 'Price personalized with your personal information.' This shifts what consumers see from a notice about algorithmic pricing to a notice that their price was personalized using their personal data.

The geolocation exception for pricing was restructured. The old version listed specific permitted uses including distance and travel time for service providers to reach or transport consumers. The new version replaces those with a broader provision allowing location-based pricing 'to the extent necessary to reflect differences in the costs associated with providing a good or service to different consumers,' while retaining the real-time demand surcharge exception.

Definitions were reorganized under section 22949.82 with corrected sequential lettering (a through e), consolidating what was previously split across two sections with duplicate subsection labels.

Fixed several typos: 'would would' to 'would,' 'any either' to 'either,' and 'law, law' to 'law.'

The disclosure requirement was drastically simplified. The old version required a clickable link adjacent to the price that displayed a list of all input data used to generate the price, with specific formatting rules (at least 90 percent type size of the price), download/email options, and an alternate mechanism for devices without physical displays accessible for at least 14 days. The new version replaces all of this with a simple text disclosure: 'Price generated with an algorithmic pricing system personalized with your personal information.'

All technical specifications for the disclosure link were removed, including: the requirement that the link be clickable text displaying input data, the 90 percent minimum type size rule, the download or email option for the input data list, the alternate mechanism requirement for devices without physical displays, and the 14-calendar-day access period.

A new definition for 'coupon' was added, covering any method by which a consumer receives a discount funded, produced, sponsored, promoted, or furnished by a business, including paper coupons, digital coupons, and instant redeemable coupons.

A new exemption was added: the chapter does not apply to any optional coupon that is wholly distinguishable from the price, available to the general public on the same terms, and does not incorporate device-specific data. This creates a carve-out for standard promotional discounts.

The geolocation data exception was expanded. In addition to the existing exceptions for travel time/distance and real-time demand surcharges, a new exception now permits using geolocation data 'to the extent necessary to reflect differences in the costs associated with providing a good or service to different consumers.' This broadens when location-based pricing is permitted.

New definitions added for 'algorithmic pricing system' (software, computer process, or AI that automates price setting) and 'artificial intelligence' (engineered or machine-based system that infers from input how to generate outputs).

The disclosure obligation in Section 22949.82.1(b) was narrowed from requiring a link adjacent to ANY price displayed on an online device to only requiring it for prices 'for which an algorithmic pricing system was used, in whole or in part, to determine the price.' This is a major scope reduction.

Chapter title changed from 'Online Device-Based Pricing' to 'Device-Based Pricing,' removing the word 'Online' from the chapter heading.

A specific disclosure text is now required: 'Price generated with an algorithmic pricing system' must be displayed clearly and conspicuously adjacent to the price when algorithmic pricing is used.

The phrase 'to the extent it is technically feasible' was added as a qualifier on the disclosure obligation, giving businesses more flexibility in compliance.

New Section 22949.82.2 establishes that duties and obligations under this chapter are cumulative with other laws, and that remedies or penalties under this chapter are cumulative with each other and with all other state law remedies.

The software prohibition was broadened from 'software on the online device' to 'the presence or absence of any software on the online device,' meaning businesses cannot use either having or lacking specific software as a pricing input.

A new exemption (subdivision d) removes the disclosure link requirement for pricing offers made on the same terms to the general public that do not incorporate device-specific data in devising the price.

The separate section stating the Legislature's intent to ban affinity-based algorithmic pricing (which combines personalized and dynamic pricing based on personal data) was removed from the bill text.

Two new definitions were added: 'volatile data' (data lost when the device is powered down) and 'nonvolatile data' (data that persists after power down). The 'hardware state' definition was also expanded to include the content of volatile and nonvolatile data.

A new geolocation exception allows device location data to be used for pricing when it accounts for distance/travel time for a service provider to reach or transport the consumer, or to determine real-time demand surcharges for immediately provided products or services.

The alternate mechanism for devices without a physical display now must keep access to the input data list available for no less than 14 calendar days, which was not specified in the prior version.

The chapter title was changed from 'Online Pricing' to 'Online Device-Based Pricing,' narrowing the stated scope of the new chapter.

The bill now has operative legal effect. It adds Chapter 40 (Sections 22949.82 and 22949.82.1) to Division 8 of the Business and Professions Code, creating the Fair Online Pricing Act with enforceable prohibitions and requirements.

The bill title was changed from a generic 'An act relating to consumer protection' to specifically reference the addition of Chapter 40 to Division 8 of the Business and Professions Code.

Prohibits any price, surcharge, or fee displayed on a consumer's online device from being generated in whole or in part based on: (1) hardware or hardware state of the device, (2) software on the device, or (3) geolocation data.

Requires a person to place a conspicuous clickable link adjacent to any displayed price that reveals the input data used to generate that price. The link text must be at least 90 percent of the type size of the displayed price and must allow the consumer to download or email the list of input data.

Creates an exception for online devices that lack a physical display: instead of a visible link, the person must create an alternate mechanism for providing access to the list of input data.

Defines 'hardware state' (battery life, number of wireless connections detected, age of device) and 'online device' (laptop, desktop, tablet, smartphone, or other smart hardware that communicates via internet or short-range wireless).