Colorado Bill Prohibits Price/Wage Setting Using Surveillance Data
Summary
A Colorado bill, HB26-1210, proposes to prohibit the use of surveillance data to set individualized prices for consumers or wages for workers. The bill defines surveillance data and automated decision systems, and allows for civil actions and penalties for violations, classifying them as deceptive trade practices.
What changed
Colorado Bill HB26-1210, introduced for the 2026 Regular Session, aims to prohibit the use of "surveillance data" obtained through observation, inference, or surveillance of individuals to make inferences that impact their financial position. Specifically, it bans the use of such data by automated decision systems for individualized price setting for consumers or individualized wage setting for workers. The bill defines surveillance data and automated decision systems, which include AI and other data processing techniques used in decision-making.
Violations of this prohibition will be considered deceptive trade practices under the Colorado Consumer Protection Act. The Attorney General or a district attorney may bring civil actions seeking penalties, and aggrieved individuals may also bring civil actions for damages, costs, and attorney fees. Compliance officers should monitor the legislative progress of this bill and prepare for potential new obligations regarding data usage in pricing and wage determination if enacted.
What to do next
- Monitor legislative progress of HB26-1210.
- Review internal data collection and automated decision systems for potential use of surveillance data in pricing or wage setting.
- Consult legal counsel regarding potential compliance implications if the bill is enacted.
Penalties
Civil penalties may be imposed; violations are considered deceptive trade practices under the Colorado Consumer Protection Act, allowing for recovery of damages, costs, and attorney fees.
Source document (simplified)
HB26-1210
Prohibit Surveillance Price & Wage Setting
| Type | Bill |
| --- | --- |
| Session | 2026 Regular Session |
| Subjects | Business & Economic Development Insurance Labor & Employment Professions & Occupations |
Concerning limiting the use of intimate personal data to make inferences that impact a person's financial position.
Recent Bill (PDF) Recent Fiscal Note (PDF) Bill Summary:
Surveillance data is defined in the bill as data that is obtained through observation, inference, or surveillance of consumers or workers and that is related to personal characteristics, behaviors, or biometrics of an individual or group. The bill prohibits discrimination against a consumer or worker through the use of automated decision systems used to engage in:
- Individualized price setting based on surveillance data regarding a consumer; or
- Individualized wage setting based on surveillance data regarding a worker. An automated decision system is defined in the bill and includes, in part, information derived from any technology, software, program, machine-based system, or computational process that uses artificial intelligence or other data processing techniques to assist, inform, or replace human decision-making.
The bill also specifies activities that are not prohibited as individualized price or wage setting based on surveillance data regarding a consumer or worker.
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".
(Note: This summary applies to this bill as introduced.)
Prime Sponsors
Jennifer Bacon
Representative
Javier Mabrey
Senator
Mike Weissman
Senator
Iman Jodeh
Committees
House
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Status
Under Consideration
Introduced
Under Consideration
Related Documents & Information
| Date | Version | Documents |
| --- | --- | --- |
| 03/27/2026 | Reengrossed | PDF |
| 03/26/2026 | Engrossed | PDF |
| 02/13/2026 | Introduced | PDF |
| Date | Version | Documents |
| --- | --- | --- |
| 03/16/2026 | PA1 | PDF |
| Date | Version | Documents |
| --- | --- | --- |
| 03/10/2026 | Initial Fiscal Note | PDF |
| Activity | Vote | Documents |
| --- | --- | --- |
| Adopt amendment L.001 | The motion passed without objection. | Vote summary |
| Refer House Bill 26-1210, as amended, to the Committee of the Whole. | The motion passed on a vote of 7-6. | Vote summary |
Hearing Summary | Committee Report: PDF
| Date | Calendar | Motion | Vote | Vote Document |
| --- | --- | --- | --- | --- |
| 03/27/2026 | Third Reading | BILL | 39 AYE 24 NO 2 OTHER | Vote record |
| Date | Amendment Number | Committee/ Floor Hearing | Status | Documents |
| --- | --- | --- | --- | --- |
| 03/26/2026 | L.012 | Second Reading | Lost [] | PDF |
| 03/26/2026 | L.008 | Second Reading | Lost [] | PDF |
| 03/26/2026 | L.010 | Second Reading | Lost [] | PDF |
| 03/26/2026 | L.011 | Second Reading | Lost [] | PDF |
| 03/26/2026 | L.006 | Second Reading | Lost [] | PDF |
| 03/26/2026 | L.007 | Second Reading | Lost [] | PDF |
| 03/26/2026 | L.004 | Second Reading | Passed [] | PDF |
| 03/26/2026 | L.003 | Second Reading | Passed [] | PDF |
| 03/12/2026 | L.001 | HOU Business Affairs & Labor | Passed [*] | PDF |
* Amendments passed in committee are not incorporated into the measure unless adopted by the full House or Senate.
** The status of Second Reading amendments may be subsequently affected by the adoption of an amendment to the Committee of the Whole Report. Refer to the House or Senate Journal for additional information.
| Date | Location | Action |
| --- | --- | --- |
| 03/27/2026 | House | House Third Reading Passed - No Amendments |
| 03/26/2026 | House | House Second Reading Special Order - Passed with Amendments - Committee, Floor |
| 03/17/2026 | House | House Second Reading Laid Over Daily - No Amendments |
| 03/12/2026 | House | House Committee on Business Affairs & Labor Refer Amended to House Committee of the Whole |
| 02/13/2026 | House | Introduced In House - Assigned to Business Affairs & Labor |
Prime Sponsor
Rep. J. Bacon | Rep. J. Mabrey
Sen. I. Jodeh | Sen. M. Weissman
Sponsor
Rep. K. Brown | Rep. C. Clifford | Rep. M. Froelich | Rep. L. García | Rep. M. Lindsay | Rep. M. Martinez | Rep. T. Mauro | Rep. K. Nguyen | Rep. M. Rutinel | Rep. E. Sirota | Rep. L. Smith | Rep. T. Story | Rep. B. Titone | Rep. J. Willford | Rep. S. Woodrow | Rep. Y. Zokaie
Sen. L. Cutter | Sen. W. Lindstedt | Sen. J. Marchman | Sen. T. Sullivan | Sen. K. Wallace
Co-Sponsor
Rep. J. Joseph | Rep. S. Lieder | Rep. E. Velasco
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