Sec. 108. Prohibition on denial of service and waiver of rights
367 words·~2 min read·
/bill/118/hr/8818/ih/section-108·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A covered entity may not retaliate against an individual for exercising any of the rights established under this title, or any regulations promulgated under this title, including by denying goods or services, charging different prices or rates for goods or services, or providing a different level of quality of goods or services. Nothing in subsection
(a)may be construed to prohibit a covered entity from offering— to an individual different prices, rates, levels, qualities, or selections of goods or services, or functionalities with respect to a product or service, including offering goods or services for no fee, if the offering is in connection with the voluntary participation of the individual in a bona fide loyalty program, and if— the individual provided affirmative express consent to participate in such bona fide loyalty program; the covered entity abides by the exercise by the individual of any right provided by subsection
(b)or
(c)of section 102, section 105, or section 106; and the sale of covered data is not a condition of participation in the bona fide loyalty program; or to an individual different prices, rates, levels, qualities, or selections of goods or services, or functionalities with respect to a product or service, based on the decision of the individual to terminate membership in a bona fide loyalty program or to exercise a right under section 105(a)(3) to delete covered data that is necessary for participation in the bona fide loyalty program. For purposes of this section, the term bona fide loyalty program — includes rewards, premium features, discounts, and club card programs offered by a covered entity; and excludes such programs offered by a covered high-impact social media company or data broker. Nothing in subsection
(a)may be construed to prohibit a covered entity from offering a financial incentive or other consideration to an individual for participation in market research. Nothing in subsection
(a)may be construed to prohibit a covered entity from declining to provide a product or service or a bona fide loyalty program to an individual, if any collection, processing, retention, or transfer affected by the individual exercising a right established under this title is necessary, proportionate, and limited to providing such product or service.