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Democratic Colorado Governor Vetoes Historic Surveillance Pricing Bill

Last year, Jared Polis vetoed legislation that would have banned rent-setting algorithms that push up housing costs.

Colorado Governor Jared Polis speaks at a press conference on March 23, 2021, in Boulder, Colorado.

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Colorado’s Democratic governor faced backlash on Wednesday after vetoing legislation that would have cracked down on surveillance pricing, an increasingly common practice whereby corporations use personal data to set individualized prices on groceries and other goods.

Gov. Jared Polis, who is term-limited and thus not up for reelection, said in his veto letter that he “appreciate[s] the intentions” of the legislation, which advocates described as the strongest surveillance pricing proposal in the U.S. But Polis claimed the bill passed by state lawmakers is overly broad and would have had unintended consequences, echoing industry objections.

Pat Garofalo, director of state and local policy at the American Economic Liberties Project, said in a statement Wednesday that “Polis had an opportunity to stand with working Coloradans, but instead chose to side with the dominant corporations using invasive surveillance data to pick their pockets.”

“The legislators who sponsored this bill worked hard to craft strong, fair protections for Colorado families, and we look forward to continuing to support them in the future,” said Garofalo.

Colorado State Rep. Javier Mabrey (D-1), one of the lead sponsors of HB 1210, vowed that “we’ll be back next session” to revive the proposed surveillance pricing ban.

“The question for the Dems running to be our next governor is simple: Will you sign it, or side with the companies using our data against us?” Mabrey wrote on social media.

The Denver Post noted that HB 1210 “was the latest in a slew of pro-tech and pro-business vetoes by Polis in recent years.” Last year, Polis vetoed legislation that would have banned rent-setting algorithms that corporate landlords have used to push up housing costs across the U.S.

A recent survey found that nearly 70% of Americans support banning surveillance pricing, fearing that the practice drives up the costs of basic necessities, harming unwitting consumers while lining the pockets of corporations. Public anger over surveillance pricing has spurred legislative and regulatory action in states across the U.S.

Lee Hepner, senior legal counsel at the American Economic Liberties Project, wrote in response to Polis’ veto that “his career will be over soon, and our work is just beginning.”

“Polis might have the most pathetic legacy of any outgoing Dem governor,” Hepner added.

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