CA SB384

Prohibits selling, licensing, providing, or using price-setting algorithms with the intent or reasonable expectation that two or more competitors in the same market will use them to set prices, supply levels, rents, or occupancy levels based on nonpublic data

Provides an affirmative defense for users of price-setting algorithms who demonstrate by preponderance of evidence they exercised reasonable due diligence, including obtaining written assurances that the algorithm does not process nonpublic input data

Authorizes the Attorney General, district attorneys, city attorneys, or county counsel to file civil actions seeking actual damages, injunctive relief, restitution, or civil penalties up to $1,000 per violation, with attorney's fees awarded to prevailing government plaintiffs

Defines violations as each authorized user or license for sellers/providers, and each calendar month of use for users of the algorithm

Declares contracts violating these provisions void to that extent and explicitly states the law does not limit the applicability of federal or state antitrust laws, including the Cartwright Act