CO HB1264

Prohibits businesses from using automated decision systems to set individualized prices for consumers or wages for workers based on surveillance data, which includes personal characteristics, behaviors, biometrics, browsing history, location data, and purchase history obtained through observation or inference

Exempts price differences justified by actual cost variations, publicly available discounts offered on equal terms (military, veterans, students, seniors), insurance pricing using only risk-relevant data, and credit decisions based on Fair Credit Reporting Act consumer reports

Requires businesses using automated decision systems for pricing or wages to publish procedures ensuring data accuracy, allowing consumers and workers to challenge data, and disclosing what data is considered and how it affects decisions

Authorizes civil penalties of up to $10,000 per violation (counted separately for each consumer, worker, or transaction), with enforcement by the Attorney General or district attorneys; violations constitute deceptive trade practices under the Colorado Consumer Protection Act

Creates a private right of action allowing aggrieved individuals to sue individually or as a class for actual damages plus 8% prejudgment interest, or $3,000 per violation, with treble damages available for bad faith or intentional violations