SECTION 1. Section 1 of chapter 93A, as appearing in the 2024 Official Edition, is hereby amended by adding the following definition:-
(e) “Online surveillance pricing”, offering different prices for purchase of services or for purchase or rental of property, tangible or intangible, real, personal or mixed, based on a person’s online activity, including but not limited to internet searches, browsing history, location data, device type, clicks, time spent looking at various items, placement of items in a digital cart or preparing them for online checkout. This shall not include: (i) price differences based on reasonable cost differences in providing the product or service to different consumers; (ii) bona fide discounts that are clearly disclosed and uniformly offered to all members of a broadly defined group including but not limited to discounts for senior citizens, veterans, or students; (iii) bona fide discounts offered to individuals who affirmatively and knowingly enroll in a loyalty program; and (iv) pricing for insurance services or credit products.
SECTION 2. Section 2 of said chapter 93A is hereby amended by inserting in line 2, after the word “commerce” following words:-
“, including online surveillance pricing, defined pursuant to section 1 of this chapter,”
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