02-26SB0293S01 20:25compared 1stwith Sub.SB0293 {Omitted text} shows text that was in SB0293 but was omitted in SB0293S01 inserted text shows text that was not in SB0293 but was inserted into SB0293S01 DISCLAIMER:
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Heidi Balderree House Sponsor:Sponsor:Tyler Clancy 3 LONG TITLE General Description:
Tyler Clancy 3 LONG TITLE General Description:
▸ subject to certain exceptions, provides that a supplier may not use a consumer's data to {set } increase the price of a good or a service;
▸ provides {that } the circumstances under which a supplier may use a consumer's personal data;data {to operate a loyalty program or offer discounts to the customer} ;
▸ provides that if a supplier uses an automatic pricing system, the supplier shall retain {the data the B automatic pricing system uses to set prices } certain information for at least {three year2} one year;
and 9 SB0293 compared with SB0293S01 ▸ makes technical changes.
t Money Appropriated in this Bill:
S None u b Other Special Clauses:
S B Utah Code Sections Affected:
2 13-2-1 (Effective 05/06/26) (Superseded 07/01/26), as last amended by Laws of Utah 2025, Chapters 51, 181, 237, and 269 13-2-1 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 468 ENACTS:
1st13-82-101 Sub.(Effective 05/06/26), Utah Code Annotated 1953 13-82-201 (Effective 05/06/26), Utah Code Annotated 1953 13-82-202 (Effective 05/06/26), Utah Code Annotated 1953 13-82-301 (Effective 05/06/26), Utah Code Annotated 1953 Be it enacted by the Legislature of the state of Utah:
(Green) S.B.
293 02-26 20:25 13-82-101 (Effective 05/06/26), Utah Code Annotated 1953 13-82-201 (Effective 05/06/26), Utah Code Annotated 1953 13-82-202 (Effective 05/06/26), Utah Code Annotated 1953 13-82-301 (Effective 05/06/26), Utah Code Annotated 1953 Be it enacted by the Legislature of the state of Utah:
13-2-113-2-1. (Effective 05/06/26) (Superseded 07/01/26).
- 2 - SB0293 compared with SB0293S01 (k) Chapter 32a, Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act;
-(v) 2Chapter -61, 02-26Utah 20:25Consumer 1stPrivacy Sub.Act;
(Green) S.B.
293 (v) Chapter 61, Utah Consumer Privacy Act;
or - 3 - SB0293 compared with SB0293S01 (iii) breaches a settlement agreement, stipulation, assurance of voluntary compliance, or similar instrument signed by the person and the division;
13-2-113-2-1. (Effective 07/01/26).
-(g) 3Chapter -23, 1stHealth Sub.Spa Services Protection Act;
(Green) S.B.
293 02-26 20:25 (g) Chapter 23, Health Spa Services Protection Act;
- 4 - SB0293 compared with SB0293S01 (w) Chapter 64, Vehicle Value Protection Agreement Act;
or -(B) 4a -court 02-26[of 20:25competent] 1stwith Sub.jurisdiction;
(Green) S.B.
293 (B) a court [of competent] with jurisdiction;
Section 13-82-1013 is enacted to read:
CHAPTER13-82-101. 82.
Consumer Pricing Act Part 1.
General Provisions 13-82-101 (Effective 05/06/26).
As82. used in this chapter:
(1)Consumer "AutomaticPricing pricingAct system"1. means a system, software, or process that uses an automated process to:
General Provisions As used in this chapter:
(1) "Automatic pricing system" means a system, software, or process that uses {automated processes } an automated process to:
- 5 - SB0293 compared with SB0293S01 (i) assist a person in determining the price of a good or service;
or (ii) set the price of a good or serviceservicewithout without human oversight or involvement.
(6)(3){(6)} "Customer loyalty program" means a program where a supplier offers a reward or incentive to a consumer for the consumer's repeated purchases, participation, or other similar form of patronage with the supplier.
(7)(4){(7)} "Division" means the Division of Consumer Protection established in Section 13-2-1.
(8){(5) } {(a) {"Personal data" means information that is connected to or could reasonably be connected to an individual or an individual's electronic device.} } (b){(8)} "Personal data" {includes:} means the same as that term is defined in Section 13-61-101.
(9){(i) "Purchase{the history"geolocation meansof information that is connected to an individualindividual's andelectronic thedevice;} individual's} previous{(ii) purchase{real-time tracking of aan goodindividual's orelectronic adevice; service.
(10)(a)and} "Supplier"} means{(iii) a{web seller,browsing lessor,history.} assignor,} offeror,(6){(9)} broker,"Purchase orhistory" othermeans personinformation whothat regularlyis solicits,connected engagesto in,an orindividual enforcesand consumerthe transactions,individual's whetherprevious orpurchase notof thea persongood dealsor directlya withservice. the consumer.
(b){(7) "Supplier"{"Supplier" doesmeans notthe includesame as that term is defined in Section 13-11-3.} } (10) (a) "Supplier" means a financialseller, institution,lessor, assignor, offeror, broker, or another affiliationperson ofwho aregularly financialsolicits, -engages 5in, -or 1stenforces Sub.consumer transactions, whether or not the person deals directly with the consumer.
(Green)(b) S.B."Supplier" does not include a financial institution, or an affiliation of a financial institution, that is subject to the data security and privacy requirements of Title V of the Gramm-Leach-Bliley Act, 15 U.S.C.
293 02-26 20:25 institution, that is subject to the data security and privacy requirements of Title V of the Gramm-Leach-Bliley Act, 15 U.S.C.
Section 13-82-2014 is enacted to read:
Part- 2.6 - SB0293 compared with SB0293S01 13-82-201.
ConsumerSupplier Pricingprohibited 13-82-201from (Effectiveusing 05/06/26).consumer data to {set price} increase the price of a good or service.
Supplier2. prohibited from using consumer data to increase the price of a good or service.
Consumer Pricing (1) {Except as provided in Subsection (2), a } A supplier may not use any of the following to {set } increase the price that the supplier charges an individual consumer for a good or service:
(2) A supplier may use the information described in {Subsections (1)(c) } Subsection (1) to:
(b)(a){(b)} operate a customer loyalty program;
(c){or} (b){(c)} offer a discount,discount , coupon, or promotion to the consumer;consumer{.} ;
Section 13-82-2025 is enacted to read:
13-82-20213-82-202. (Effective 05/06/26).
(1) If a supplier uses an automatic pricing system to {set } increase the price of a good or a service,service {or to } , the supplier shall:
(i){assist the supplier in setting the price of } the price the supplier charges a consumer for a good or service{a } service{, } using the {supplier shall:} automatic pricing system;
and (ii)(1){(ii)} {store the price the supplier sets for a good or service and the } each category of personal data that the automatic pricing system uses to {set } increase the price of a good or service;
and - 67 - 02-26SB0293 20:25compared 1stwith Sub.SB0293S01 (2){(b)} subject to Subsection (2), retain the data described in Subsection {(1) } (1)(a) for at least {three years } one year after the day on which the supplier uses the {data } automatic pricing system to {set } increase the price of a good or service.
(Green) S.B.
293 (b) subject to Subsection (2), retain the data described in Subsection (1)(a) for at least one year after the day on which the supplier uses the automatic pricing system to increase the price of a good or service.
Section 13-82-3016 is enacted to read:
Part13-82-301. 3.
Enforcement 13-82-301 (Effective 05/06/26).
(1)3. The division shall administer and enforce the provisions of this chapter in accordance with Chapter 2, Division of Consumer Protection.
Enforcement (1) The division shall administer and enforce the provisions of this chapter in accordance with Chapter 2, Division of Consumer Protection.
Effective date.
2-26-26 8:25 PM - 78 -