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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 vio
by adestefan 6mo ago
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".
- pnw 6mo agoAllowing 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.
- JumpCrisscross 6mo ago> 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 solution is to use reasonable efforts to block Colorado residents if you can’t comply with the law. That’s a tradeoff a group of people are allowed to make for themselves.
- AnthonyMouse 6mo agoThe problem is that a small business in Florida or Massachusetts that does 95% of their business in their own state may have no idea that this Colorado law exists until someone sues them over it. We don't really want small companies to have to start blocking people in other states by default. That's not great for interstate competition.
- mememememememo 6mo agoIs that a bad thing? If you ate going to discount (B2C), do it for all or do it for none.
- wat10000 6mo agoOk, but surely there are also downsides.
- adgjlsfhk1 6mo agoSounds great! The theory behind capitalism only works if prices are transparent and goods are transferable. These sorts of "special discounts" are fundamentally harmful to the economy as a whole.
- irishcoffee 6mo agoI can see how say, a roofing business might have a “VIP” sale during a slow season, such that a discounted contract is signed and money is exchanged in the future when the weather doesn’t prohibit the work. I don’t think that is unreasonable.
- Jiro 6mo agoThe season is the same for all customers, so that isn't surveillance pricing.
- wat10000 6mo agoI can see how a roofing business might buy your online shopping history, deduce that you drive a Lexus, and bump up their prices. Then profile you as not very handy, and cut corners knowing you won’t spot the issues.
- irishcoffee 6mo agoAs opposed to just using Google Maps or driving by your house? Those options are a lot cheaper.
- wat10000 6mo agoGarages exist.
- irishcoffee 6mo agoThey do. Were you trying to make a point there?
- thayne 6mo agoOn the other hand, without private right to action, consumers may have no recourse if the AG doesn't wish to pursue action (possibly due to corruption, or lack of resources).
- dickersnoodle 6mo agoYou talk about that like it's a problem...