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Surveillance Pricing Fight: State Senate Debates Bill Banning Retailers from Using AI to Set Prices Based on a Buyer’s Profile

OAKLAND POST — Currently, there is no precise public data quantifying how many Black residents in California are actively affected by surveillance pricing. However, because the practice leans heavily on ZIP codes and localized demographic tracking, algorithmic pricing models frequently result in higher costs for Black and non-white communities compared to others, according to the Electronic Frontier Foundation (EFF), a leading nonprofit organization defending civil liberties in the digital space

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Surveillance pricing—the algorithmic practice of using personal data to determine individualized costs for goods and services—is widespread in California, according to Assemblymember Chris Ward (D-San Diego). He warns that this system is actively impacting consumers across the state, and Black Californians could be specifically targeted.

Ward’s Assembly Bill (AB) 2564, the Surveillance Pricing Act, aims to prohibit businesses from using this practice. 

“Surveillance pricing is a growing phenomenon that a lot of people don’t realize is already happening,” Ward told California Black Media (CBM) at the State Capitol on June 29.

On June 22, the bill passed out of the Senate Privacy, Digital Technologies, and Consumer Protection Committee with a 5-2 vote and was re-referred to the Committee on Judiciary for consideration. On May 27, the Assembly voted to advance AB 2564 with a 42-21 vote. 

Currently, there is no precise public data quantifying how many Black residents in California are actively affected by surveillance pricing. However, because the practice leans heavily on ZIP codes and localized demographic tracking, algorithmic pricing models frequently result in higher costs for Black and non-white communities compared to others, according to the Electronic Frontier Foundation (EFF), a leading nonprofit organization defending civil liberties in the digital space.

Justin Brookman, a public-interest lawyer, supports AB 2564. His organization is an official sponsor of the bill. He advocates on behalf of Consumer Reports.

“We found that people shopping for the exact same item at the exact same time, and the exact same store, were getting different prices. In some cases, up to 23% higher,” Brookman said. “So, one person looking at a jar of Skippy peanut butter, it was $2.99. Another person, same exact time, it was $3.69.”

AB 2564 is primarily opposed by a coalition of corporations and technology industry associations. They argue that the bill’s language is overly broad, outlaws common consumer-friendly discounts, and creates costly litigation risks for small businesses.

Chamber of Progress – a tech industry association that lobbies for public policies that expand digital commerce and technological advances – says that banning data-driven personalization would wipe away targeted digital coupons that families count on to prolong their budgets.

In a March 18 written letter to the Assembly Committee on Privacy and Consumer Protection, Robert Singleton, senior director of Policy and Public Affairs for California and the U.S. West at the Chamber of Progress, urged the body to oppose AB 2564.

“We share the legislature’s concern about affordability,” Singleton wrote. “The cost of living is the top issue facing American families, and we understand the impulse to ensure consumers are getting a fair deal. But this bill risks backfiring on the families it aims to help.

Assemblymember Lori Wilson (D-Suisun City) supported and voted for the bill in the Assembly on May 27, but she still has questions about a “litigation risk” that could be costly.  

“Every business or retailer that is spending their time battling courts is spending resources, which drives the cost up for everyone,” said Wilson, a member of the California Legislative Black Caucus (CLBC). 

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Black History

From Backyard Grilling to Jack London Square: Jamale Carlyle’s Chicken Wing Success Story

Jamale Carlyle turned a backyard hobby into a flourishing business after using grilling to cope with the loss of his mother and sister. The former corporate executive and CPA transitioned from a twenty-year career in the power industry to selling chicken wings at farmers’ markets in Tracy and Oakland. Following immediate success and viral social media attention, Carlyle opened two permanent storefronts and established a charitable partnership to support local youth. His journey highlights a unique path from internal auditing to community entrepreneurship. Read more.

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Jamale Carlyle had a long career working for power companies before embarking making his grilling hobby into a business. Courtesy photo.

For Jamale Carlyle, what began as a way to cope with personal loss has grown into a thriving chicken wing business with locations in Tracy and Oakland’s Jack London Square.

Raised in Los Angeles, Carlyle remains a southern kid at heart, guided by the values and principles instilled in him growing up. In 2020, he lost his sister, and two months later, his mother passed away. The losses left him grieving half of his immediate family and searching for a way forward.

He turned to God, and to two favorite pastimes: grilling chicken wings and deep sea fishing. Friends who gathered in his backyard encouraged him to turn his chicken wings into a business.

Carlyle had built a successful corporate career before becoming an entrepreneur. An economics graduate of the University of California, Irvine, he earned a master’s degree in accounting from the University of Southern California and became a certified public accountant (CPA).

He spent more than 20 years in the power industry, including working for Edison International in Los Angeles and Boston. He later joined JP Energy Partners in Dallas, helping its team take the company public.

After moving to San Francisco in 2016, Carlyle spent 10 years with Pattern Energy, a wind energy company, where he served as vice president of Internal Audit and took on numerous corporate responsibilities.

But in 2025, grilling became more than a hobby. Carlyle began selling his wings at farmers’ markets, initially dedicating four hours every Saturday. Nervous about his first outing in Tracy, he wondered whether his friends had simply been encouraging. Instead, he sold out on opening day.

He later brought his business to Jack London Square’s Farmers Market, where he again sold out on his first day. As demand grew, he expanded into catering before opening his Tracy storefront in May 2026 and his Jack London Square location in July.

Social media helped fuel the momentum. In Tracy, enthusiastic reviews on the community’s Rants and Raves Facebook page brought customers through the door. His Jack London Square debut also gained traction online, generating approximately 100,000 views on social media on his on opening day.

Still processing the rapid growth, Carlyle describes the business as something that began in his backyard as a stress reliever and became an unexpected calling, and a way of giving back.

“Giving back” has led to a partnership with Mike Jenkins, owner of Oakland Strong, a nonprofit gym known for Olympic style weight lifting and developing national and international champions. After Jenkins visited Carlyle’s store with members of his team, Carlyle returned the visit, and the two began discussing ways to partner to support the community.

“I’m really big on charity. I believe in giving back to the community,” Carlyle said. “I knew before I opened my store, I’d be doing something like this, this is what God wants me to do.”

Their collaboration will introduce the “Oakland Strong Bowl,” featuring 10 dry-rub Cajun wings and a vegetable-rice bowl for $17.99, with $2 from each purchase donated to the Oakland Strong Foundation. The initiative is expected to launch in early November.

“This builds community in Oakland and Jack London Square,” Carlyle said.

Looking ahead, Carlyle plans to expand the menu with chicken thighs, chicken tacos and additional sides. He is also pursuing a liquor license to create a destination where customers can enjoy wings while watching sports.

For now, he is focused on growing his two locations. But with customers embracing his food and his commitment to giving back, Carlyle sees the possibility of bringing his chicken wings to more communities throughout the Bay Area.

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Business

SEIU Local 1000 and State of California Will Continue to Negotiate New Labor Contract

Thousands of California state employees represented by SEIU Local 1000 recently staged a one-day walkout to protest stalled contract negotiations with Governor Gavin Newsom’s administration. The union, which represents approximately 100,000 public workers, is demanding a 20% wage increase over three years and an end to mandatory four-day in-person work requirements. While the initial strike has concluded, union leadership warns that further demonstrations are likely if the state continues to reject their demands for better pay and telework flexibility. Negotiations are expected to continue as both sides seek a resolution. Read more.

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California state workers staged a one-day strike Oct. 21 to protest alleged unfair labor practices and stalled contract negotiations over wages, remote work requirements and health care costs. The workers' previous contract expired June 30. CBM photo by Antonio Ray Harvey.

After the Service Employees International Union (SEIU) Local 1000 labor contract expired June 30 and talks with Gov. Gavin Newsom’s administration stalled, the union stepped up its efforts to secure a new agreement, saying its demands had gone unheeded. 

On Oct. 21, thousands of state employees represented by SEIU Local 1000 staged a one-day walkout to protest alleged unfair labor practices during negotiations with Gov. Gavin Newsom’s administration. 

Although the strike has ended, SEIU Local 1000 President Anica Walls said further demonstrations or an expanded strike are highly likely if contract negotiations remain stalled. The union represents approximately 100,000 public employees statewide. 

“We are out here because our jobs matter,” Wells said. “If they continue to refuse to bargain with us in good faith, we are prepared to escalate.” 

Sen. Lola Smallwood-Cuevas (D-Los Angeles) expressed support for SEIU Local 1000’s labor action in an Instagram post, emphasizing the importance of fair treatment for workers. 

“I stand in complete solidarity with SEIU Local 1000,” Smallwood-Cuevas stated. “More than 100,000 state workers they represent are on strike today fighting for good-faith bargaining, fair treatment, and a contract that reflects the value of the essential public services they provide every day—all things that should be a given for the workers our state relies on the most.” 

Smallwood-Cuevas, a member of the California Legislative Black Caucus (CLBC) added, “When California’s workers hold the line, the whole nation pays attention.” 

According to union representatives, SEIU Local 1000 is seeking a contract that addresses rising living costs and provides greater workplace flexibility. The union is demanding a 20% wage increase over three years and an end to Gov. Gavin Newsom’s requirement that state employees work in person four days a week.

The union is also seeking increased state contributions toward employee health care benefits to reduce workers’ out-of-pocket costs. 

On Sept. 18, Newsom vetoed Assembly Bill 1729, authored by Assemblymember Alex Lee (D-San Jose), which sought to expand telework opportunities for state employees. 

The bill would have required state agencies to offer telework options or provide written justifications for requiring employees to work in person. Supporters argued that telework could save taxpayers approximately $225 million annually by reducing office space and parking costs while lowering vehicle emissions and improving employee retention. 

Newsom said the legislation would limit state departments’ flexibility to manage their workforces and evaluate telework exemptions individually. He has also emphasized the benefits of in-person collaboration. 

“I want people to come back to work, reengage, rediscover, collaborate, coordinate, develop relationships, friendships, and fall in love,” Newsom said in July. “You get three-day weekends. Four years ago, that would’ve been a triumph. Now it’s a burden.” 

Union organizers described the Oct. 21 walkout as a one-day unfair labor practice strike, rather than an indefinite work stoppage. The action was intended to demonstrate solidarity and increase pressure on the state during negotiations. 

SEIU Local 1000 has been without a contract since its previous three-year agreement expired June 30. Negotiations are expected to resume.

Responding to the statewide walkout, the California Department of Human Resources (CalHR) said it “remains focused on achieving a fair and responsible agreement with SEIU Local 1000 and continues to be available at the bargaining table.” 

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Business

AG Bonta Announces Action on Cryptocurrency, Sextortion Fraud – Increasingly Targeting Gen-Z

California Attorney General Rob Bonta is warning residents about a surge in cryptocurrency fraud and online sextortion schemes that increasingly target Gen Z through social media platforms. With internet-based scams costing Americans nearly $21 billion in 2023, Bonta highlighted how artificial intelligence and deepfakes allow criminals to impersonate loved ones and promote fraudulent investment groups. The Attorney General’s Office has already shut down over 100 fraudulent websites and is now utilizing new legislative tools to recover assets for victims. Read more.

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California Attorney General Rob Bonta warned residents about rising cryptocurrency fraud and online sextortion scams, urging Californians to recognize warning signs and protect themselves as scammers increasingly target younger people through social media.

Speaking at a news conference on Oct. 19, Bonta said Americans lost $20.9 billion to internet-based scams in 2025, including $11.4 billion to cryptocurrency scams. He said artificial intelligence, deepfakes, and malicious smart contracts have made fraud easier to carry out and more difficult to detect and prevent.

While older Californians remain targets, Bonta said his office has seen a sharp rise in reports of Gen Z consumers being targeted on platforms such as Twitch, TikTok, and Instagram.

One growing scheme involves so-called rug-pull scams, in which fraudsters promote low-priced stocks or volatile cryptocurrencies through online investment groups and streaming communities. After generating interest and driving up prices, scammers sell their holdings, causing values to collapse and leaving investors with losses.

Bonta also warned about sextortion, in which scammers trick or coerce victims into sharing explicit images before threatening to distribute them to friends and family unless they pay. He advised victims not to give in to demands, saying scammers often do not release the images when victims refuse to pay. Instead, he recommended ignoring and blocking the perpetrators.

Another scheme, known as recovery fraud, targets people who have already lost money to cryptocurrency scams. Fraudsters impersonate blockchain recovery specialists or law enforcement officials and demand additional payments while promising to recover stolen assets.

Bonta urged Californians to be skeptical of promises of large returns on small investments, fake cryptocurrencies resembling established ones, and celebrity endorsements that may have been generated using artificial intelligence. He also warned that scammers can use AI to impersonate loved ones through manipulated video and audio.

“Never use a crypto ATM,” Bonta said, emphasizing that transactions can be difficult to trace and reverse and that the machines lack adequate consumer protections.

His office has shut down more than 100 fraudulent websites over the past two years that collectively scammed victims out of at least $8.3 million, he said.

Bonta also highlighted Senate Bill 1208, which he said was recently signed into law. The measure allows law enforcement to petition a court to return seized cryptocurrency to victims, including when alleged perpetrators are outside U.S. jurisdiction.

Residents who have fallen victim to scams can report them to the California Department of Justice at oag.ca.gov/report.

Bonta also urged victims not to feel embarrassed, stressing that scammers are responsible for the harm they cause.

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