What AB 2564 does
An act to add Part 5.6 (commencing with Section 7200) to Division 4 of the Civil Code, relating to consumer protection.
Existing law, the California Consumer Privacy Act of 2018 (CCPA), grants a consumer various rights with respect to personal information that is collected or sold by a business, as defined, including the right to direct a business that sells or shares personal information about the consumer to third parties not to sell or share the consumer’s personal information, as specified. Existing law, the California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA and establishes the California Privacy Protection Agency and vests the agency with full administrative power, authority, and jurisdiction to enforce those provisions.
Existing law requires a retail grocery store or grocery department within a general retail merchandise store that uses a point-of-sale system to have a clearly readable price indicated on 85% of the total number of packaged consumer commodities offered for sale, subject to specified exemptions.
This bill would, subject to certain exceptions, prohibit a retailer from engaging in surveillance pricing. The bill would define “surveillance pricing” to mean offering or setting a customized price for a good for a specific consumer or group of consumers, based, in whole or in part, on personally identifiable information, as specified, and determined in whole or in part through the use of any technology, software, program, machine-based system, or computational process that uses statistical modeling, data analytics, artificial intelligence, or other data processing techniques. The bill would also define “surveillance pricing” to mean random variations in prices to different consumers using a website, mobile application, or comparable online technology. The bill would provide that its provisions do not limit or impair any consumer right or remedy available under any other state or federal law. The bill would declare that any waiver of these provisions is against public policy and is void and unenforceable.
This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020.
Summary from the Legislative Counsel's Digest of the amended senate text, August 21, 2026. Read the full text on leginfo.
How it got here
Assemblymember Ward introduced AB 2564 on February 20, 2026, with coauthors Assembly Member Kalra. The text was amended 5 times, 2 in the Assembly and 3 in the Senate, and heard in 6 committee hearings before its final floor votes.
- Assembly Floor, May 27, 2026: 42 ayes, 21 noes.
- Senate Floor, August 31, 2026: 22 ayes, 14 noes.
Committee votes along the way:
- Assembly Privacy and Consumer Protection, March 25, 2026: Do pass and be re-referred to the Committee on [Judiciary], 10-4.
- Assembly Judiciary, April 14, 2026: Do pass as amended and be re-referred to the Committee on [Appropriations], 8-3.
- Assembly Appropriations, May 14, 2026: Do pass., 10-4.
- Senate Privacy, Digital Technologies, and Consumer Protection, June 22, 2026: Do pass, but first be re-referred to the Committee on [Judiciary], 5-2.
Who supports and opposes AB 2564
The Senate Floor Analyses analysis dated August 31, 2026 lists 51 organizations in support and 52 in opposition. When Assembly Privacy and Consumer Protection first listed positions on March 24, 2026, the count was 31 in support and 15 opposed. By the Senate Floor Analyses analysis of August 31, 2026 it was 51 to 52.
In support: TechEquity Action (sponsor); Consumer Reports (sponsor); California Federation of Labor Unions (sponsor); ACLU Cal Action; Alliance of Californians for Community Empowerment Action; American Federation of Musicians, Local 7; American Federation of State, County, and Municipal Employees, AFL-CIO; Buen Vecino; and 43 more.
Opposed: Association of National Advertisers; Beverly Hills Chamber of Commerce; Building Owners and Managers Association of California; CalBroadband; California Alliance of Family Owned Businesses; California Business Properties Association; California Chamber of Commerce; California Fuels and Convenience Alliance; and 44 more.
Read the Senate Floor Analyses analysis.
Our read
Analysis by Capitol Axis, drawn from the committee analyses and vote record for AB 2564.
Assembly Privacy and Consumer Protection listed 15 against. Senate Floor Analyses listed 52. The bill got harder as it moved, not easier.
The final margin was close, 22-14 in Senate Floor on August 31, 2026. A narrow vote is a harder signature, and it is the number the Governor's staff will look at first.
The 52 organizations opposed include Association of National Advertisers, Beverly Hills Chamber of Commerce and California Alliance of Family Owned Businesses, and chambers of commerce account for much of it.
TechEquity Action is the sponsor of record.
What happens next
It is on the Assembly floor. The last recorded action was on August 31, 2026.
The Governor can sign the bill, veto it, or let it become law without a signature. Until the decision, sign and veto request letters are the remaining channel, and the Department of Finance's enrolled bill report carries weight on anything with a fiscal effect. If signed, most provisions take effect January 1, and implementation moves to the agencies named in the bill.
What it means for AI organizations
This is the stage where language still changes. Amendments taken in committee are the ones that reach the Governor, so an organization with a stake in the drafting has a reason to be in that conversation now rather than after the vote.
The AI group at Capitol Axis handles that for AI clients.
Questions about AB 2564
What does AB 2564 do?
This bill would, subject to certain exceptions, prohibit a retailer from engaging in surveillance pricing. The bill would define “surveillance pricing” to mean offering or setting a customized price for a good for a specific consumer or group of consumers, based, in whole or in part, on personally identifiable information, as specified, and determined in whole or in part through the use of any technology, software, program, machine-based system, or computational process that uses statistical modeling, data analytics, artificial intelligence, or other data processing techniques. The bill would
Has AB 2564 passed the California Legislature?
It is on the Assembly floor. The last recorded action was on August 31, 2026.
Who supports and opposes AB 2564?
The Senate Floor Analyses analysis dated August 31, 2026 lists 51 organizations in support and 52 in opposition. Supporters include TechEquity Action (sponsor); Consumer Reports (sponsor); California Federation of Labor Unions (sponsor). Opponents include Association of National Advertisers; Beverly Hills Chamber of Commerce; Building Owners and Managers Association of California.
What happens next with AB 2564?
It still has committee and floor votes ahead of it. Amendments taken now are the ones that reach the Governor, so this is the stage where language changes are still possible.