nology that facilitates or otherwise enables an auto-
mated or semi-automated process that— 
(A) assists in identifying a consumer based 
on the physical characteristics of the face of 
such consumer; or 
(B) logs characteristics of the face, head, 
or body of a consumer to infer the emotion, as-
sociations, activities, or location of such con-
sumer. 
(6) ITEM.—The term ‘‘item’’ means a specific 
and distinct product, good, or commodity available 
for sale. 
(7) NON-DIGITAL PRESENTATION OF PRICE.— 
The term ‘‘non-digital presentation of price’’ 
means— 
(A) a sign that offers the unit price for 1 
or more brands or sizes of a given item; 
(B) a sticker, stamp, sign, label, or tag af-
fixed to the shelf upon which the item is dis-
played; and 
(C) a sticker, stamp, sign, label, or tag af-
fixed to the item. 
(8) PERSONAL INFORMATION.—The term ‘‘per-
sonal information’’ means any quality, feature, at-
tribute, or trait of a consumer that is reasonably ca-
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pable of being associated with, or could be reason-
ably linked to, directly or indirectly, a particular 
consumer or a household of a particular consumer, 
including— 
(A) any immutable characteristic, includ-
ing race and eye color; 
(B) any mutable characteristic, including 
address, weight, citizenship, and family or pa-
rental status; 
(C) identifiers, including a real name, 
alias, postal address, unique personal identifier, 
online identifier, Internet Protocol address, 
email address, account name, social security 
number, driver’s license number, passport num-
ber, and other similar identifier; 
(D) commercial information, including 
records of personal property, products or serv-
ices purchased, obtained, or considered, and 
other purchasing or consuming histories or ten-
dencies; 
(E) biometric data; 
(F) internet or other electronic network ac-
tivity information, including browsing history, 
search history, and other information regarding 
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interaction by such consumer with a website, 
application, or advertisement; 
(G) geolocation data; 
(H) audio, electronic, visual, thermal, ol-
factory, and other similar information; 
(I) professional or employment-related in-
formation; 
(J) educational information, including edu-
cational experience, qualifications, and affili-
ations; 
(K) inferences drawn from any of the in-
formation described in this paragraph and used 
to create a profile about such consumer reflect-
ing the preferences, characteristics, psycho-
logical trends, predispositions, behavior, atti-
tudes, intelligence, abilities, and aptitudes of 
such consumer; 
(L) interests, including the political, per-
sonal, and professional affiliation of such con-
sumer; 
(M) financial circumstances, including per-
sonal or household wealth, income, property, 
debt, and credit history; and 
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(N) actions, habits, behaviors, and at-
tributes of such consumer, whether in a phys-
ical or digital environment. 
(9) PRE-DISPUTE ARBITRATION AGREEMENT.— 
The term ‘‘pre-dispute arbitration agreement’’ 
means any agreement to arbitrate a dispute that has 
not yet arisen at the time of the making of the 
agreement. 
(10) PRE-DISPUTE
JOINT
ACTION
WAIVER.— 
The term ‘‘pre-dispute joint action waiver’’ means 
an agreement, including as part of a pre-dispute ar-
bitration agreement, that would prohibit, or waive 
the right of, a party to the agreement from partici-
pating in a joint, class, or collective action in a judi-
cial, arbitral, administrative, or other forum, con-
cerning a dispute that has not yet arisen at the time 
of the making of the agreement. 
(11) PRICE.—The term ‘‘price’’ means the 
amount charged to a consumer in relation to a 
transaction, including any related cost, fee, and 
other material term of the transaction that has a di-
rect bearing on the amount paid by the consumer 
for the item sold or offered for sale to the consumer. 
(12) RETAIL FOOD STORE.—The term ‘‘retail 
food store’’ has the same meaning given the term in 
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section 3 of the Food and Nutrition Act of 2008 (7 
U.S.C. 2012). 
(13) SURVEILLANCE-BASED PRICE SETTING.— 
The term ‘‘surveillance-based price setting’’ means 
offering, setting, or informing a customized price for 
an item for a specific consumer or group of con-
sumers, based, in whole or in part, on personal in-
formation collected through electronic surveillance 
technology, including such information gathered, 
purchased, or otherwise acquired. 
Æ 
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