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CCLP testifies in support of prohibiting surveillance data to set prices and wages

On Wednesday, April 2, 2025, Charles Brennan, CCLP’s Income and Housing Policy Director, provided testimony to the House Judiciary Committee in support of House Bill 25-138, Prohibit Surveillance Data to Set Prices and Wages. CCLP is in support of HB25-1264, as it is one of our priority bills.
Chair and Members of the Committee,
My name is Charles Brennan, and I serve as the Director of Income and Housing Policy at the Colorado Center on Law and Policy. I’m here to speak in support of HB25-1264 and the protections it would provide Coloradans against surveillance-based wage and price discrimination.
To prepare for this hearing I wanted to understand more about the inferences that could be made about me based on the data companies like Google, TikTok, and Amazon have about me—my search and watch history, location trails, purchases, returns, and even the items I left in shopping carts. I used ChatGPT—an AI system similar to those what might be used to set pricing—to see what it could infer based on this data. ChatGPT accurately inferred that I’m a gay man, politically progressive, loyal to certain brands, and likely to respond to urgency-based offers. These traits may not seem sensitive—but they’re exactly the kinds of characteristics modern pricing systems use to decide what price I’m offered.
It also guessed I’m single and that I rent. Both are wrong. I’ve owned my home since 2019 and been in a long-term relationship for years. But based on my searches, location data, solo purchases, and late-night browsing, the AI assumed otherwise. And that matters—because wrong inferences can still result in higher prices, missed discounts, or less favorable offers for Colorado consumers without them knowing why.
Based on what Amazon, Google, and TikTok know about me, they might classify me as a “persuadable” consumer: someone who isn’t looking for the lowest price, but is emotionally responsive and likely to follow through on a purchase. I may leave items in my shopping cart for long periods, but it is not because I am waiting for a discount or better price. I’ve made repeat purchases of the same products—without being rewarded with a lower price. These behaviors might demonstrate brand loyalty and low price sensitivity.
I’ve watched LGBTQ+ content, browsed for wellness products, and searched for therapy and self-care resources late at night. That kind of digital behavior tells the system I may be emotionally invested in my purchases—and more likely to respond to scarcity messages like “Only 2 left!” or “Sale ends in 10 minutes.” I may even be tested with higher prices on identity-based or wellness products—not because of who I shared I am, but because the system is trying to learn just how much people like me are willing to pay for certain goods.
Because these systems operate invisibly, I don’t get to challenge or correct how I’ve been categorized. I don’t get to see what someone else was offered. I don’t even know that this is happening or what data or inferences are being used. This is not personalization. This is profiling and treating consumers like guinea pigs. HB25-1264 doesn’t just protect someone like me against these practices. It protects anyone who could be profiled based on what a system infers about them—whether that’s a gay progressive man watching mental health videos on TikTok, or a straight conservative man searching Amazon for hunting accessories. The bill is about preventing profiling, not enforcing politics.
Finally, HB25-1264 doesn’t stop innovation. It draws a line between personalization and exploitation. Between consent and manipulation. Whether it’s me, or someone very different from me, this bill ensures we’re not silently sorted and charged or paid based on who an algorithm assumes we are.
I urge your support. Thank you.
Charles Brennan
Income and Housing Policy Director
Colorado Center on Law and Policy
Update 4/22/2025: The bill was postponed indefinitely in the House Judiciary Committee. Read our joint press release with Towards Justice and American Economic Liberties Project in response to the bill being postponed indefinitely.