SB 1998

This bill prohibits a food retail establishment larger than 15,000 square feet from using electronic shelving labels (" ESLs "") or any digital shelf display technology, and requires such establishment to use a nondigital presentation of price. However, this bill does not prohibit providing discounts or loyalty benefits based on previous purchase history. Further, this bill p rohibits (i) the use of personalized algorithmic pricing, (ii) the collection or use of consumer data from persons under 17 for targeted advertising or personalized algorithmic pricin g, and (iii) the use of protected class data in setting prices or marketing goods if such use denies accommodations or results in different prices for persons based on that data. PRICING SIGNAGE This bill provides that, where a sign providing unit price information for one or more sizes or brands of a given commodity is used, the sign must be located centrally as close as practical to all items to which the sign refers, and the unit price informa tion must be presented in a clear, distinct, and nondeceptive manner. If a single sign or tag does not provide the unit price information for more than one brand or size of a given commodity, then this bill requires the information on (i) the identity, (i i) the brand name, (iii) the quantity of the packaged commodity, if more than one package size per brand is displayed, and (iv) the total sale price and price per appropriate unit to be provided . ENFORCEMENT AND PENALTIES This bill provides that a violation of th e above provisions is an unfair or deceptive act or practice affecting trade or commerce under the Tennessee Consumer Protection Act of 1977 and is subject to the penalties and remedies as provided in that Act, which includes, but is not limited to, restraining orders, injunctions, private rights of action, and damages . However, a court may also order a civil penalty of not more than $7, 500 per violation. T his bill does not limit existing rights or remedies availa ble to the attorney general or other authorized persons."