SLASH Prices Act

[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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