Today's Law As Amended

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AB-1680 California Consumer Privacy Act of 2018.(2017-2018)



SECTION 1.

 Section 1798.125 of the Civil Code, as added by Section 3 of Chapter 55 of the Statutes of 2018, is amended to read:

1798.125.
 (a) (1) A business shall not unreasonably  discriminate against a consumer because the consumer exercised any of the consumer’s rights under this title, including, but not limited to, by:
(A) Denying goods or services to the consumer.
(B) Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties.
(C) Providing a different level or quality of goods or services to the consumer. consumer, if the consumer exercises the consumer’s rights under this title. 
(D) Suggesting that the consumer will receive a different price or rate for goods or services or a different level or quality of goods or services.
(2) Nothing in this subdivision prohibits a business from charging a consumer a different price or rate, or from providing a different level or quality of goods or services to the consumer, if that difference is reasonably related to the value provided to the consumer by the consumer’s data.
(b) (1) A business may offer financial incentives, including  incentives, including, but not limited to,  payments to consumers as compensation, for the collection of personal information, the sale of personal information, or the deletion  sale or retention  of personal information. A business may also offer a different price, rate, level, or quality of goods or services to the consumer  consumer, including offering its goods or services for no fee,  if that price or difference is directly reasonably  related to the value provided to the consumer business  by the consumer’s data.
(2) A business that offers any financial  incentives pursuant to subdivision (a), shall notify consumers of the financial  incentives pursuant to Section 1798.135.
(3) A business may enter a consumer into a financial  an  incentive program only if the consumer gives the business prior opt-in consent pursuant to Section 1798.135 after notice provided to the consumer  which clearly describes the material terms of the financial  incentive program, and which may be revoked by the consumer at any time.
(4) A business shall not use financial  incentive practices that are unjust, unreasonable, coercive,  coercive  or usurious in nature.