Sec. 104. Loyalty to individuals with respect to pricing
262 words·~1 min read·
/bill/117/hr/8152/ih/section-104·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A covered entity shall not deny or condition or effectively condition the provision of a service or product to an individual based on the individual’s agreement to waive (or refusal to waive) any requirements under this Act or any regulations promulgated under this Act or terminate a service or otherwise refuse to provide a service or product to an individual as a consequence of the individual’s refusal to provide such a waiver. Nothing in subsection
(a)shall be construed to— prohibit the relation of the price of a service or the level of service provided to an individual to the provision, by the individual, of financial information that is necessarily collected and processed only for the purpose of initiating, rendering, billing for, or collecting payment for a service or product requested by the individual; prohibit a covered entity from offering a loyalty program that provides discounted or free products or services, or other consideration, in exchange for an individual’s continued business with the covered entity, provided that such program otherwise complies with the requirements of this Act and any regulations promulgated under this Act; require a covered entity to provide a loyalty program that would require the covered entity to collect, process, or transfer covered data that it otherwise would not; prohibit a covered entity from offering a financial incentive or other consideration to an individual for participation in market research; or prohibit a covered entity from offering different types of pricing or functionalities with respect to a product or service based on an individual’s exercise of a right in section 203(a)(3).