Signed by Governor Mikie Sherrill

Vote Smart's Synopsis:

Vote to pass a bill that prohibits businesses from using personalized algorithmic pricing in New Jersey.

Highlights:

• Defines “surveillance pricing” as the pricing of groceries and other foodstuffs based on data collected through electronic surveillance technology capable of gathering information about a consumer’s behavior, characteristics, location, or other personal attributes (Sec. 2).

• Classifies surveillance pricing, or any other pricing strategy that determines the sale price of groceries and other foodstuffs based on personal data, as an unlawful practice (Sec. 3).

• Specifies that the provisions of this section do not prohibit an individual from offering a different price on groceries and other foodstuffs based on (Sec. 3):

• Reasonable costs associated with providing goods to different consumers, as long as a price is not changed more than once in a 24-hour period;

• A bona fide discount with uniform eligibility conditions; or

• A bona fide discount offered as part of a loyalty program.

• Prohibits an individual from employing personal data to offer a different price for groceries and other foodstuffs without the consumer’s consent (Sec. 3).

• Establishes a one-year moratorium on the new use of electronic shelf labels in the state (Sec. 3).

• Requires the New Jersey Innovation Authority and the Division of Consumer Affairs to conduct a study on the use and impact of electronic shelf labels and submit findings at least six months prior to the end of the moratorium (Sec. 3-5).

• Exempts the pricing, advertisement, offer, or sale of food or beverages meant for immediate consumption from the provisions of this act (Sec. 6).

• Specifies that the provisions of Section 4 take effect seven months after passage, the provisions of Section 5 take effect immediately, and the remaining provisions take effect 13 months after passage (Sec. 9).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits businesses from using personalized algorithmic pricing in New Jersey.

Highlights:

• Defines “surveillance pricing” as the pricing of groceries and other foodstuffs based on data collected through electronic surveillance technology capable of gathering information about a consumer’s behavior, characteristics, location, or other personal attributes (Sec. 2).

• Classifies surveillance pricing, or any other pricing strategy that determines the sale price of groceries and other foodstuffs based on personal data, as an unlawful practice (Sec. 3).

• Specifies that the provisions of this section do not prohibit an individual from offering a different price on groceries and other foodstuffs based on (Sec. 3):

• Reasonable costs associated with providing goods to different consumers, as long as a price is not changed more than once in a 24-hour period;

• A bona fide discount with uniform eligibility conditions; or

• A bona fide discount offered as part of a loyalty program.

• Prohibits an individual from employing personal data to offer a different price for groceries and other foodstuffs without the consumer’s consent (Sec. 3).

• Establishes a one-year moratorium on the new use of electronic shelf labels in the state (Sec. 3).

• Requires the New Jersey Innovation Authority and the Division of Consumer Affairs to conduct a study on the use and impact of electronic shelf labels and submit findings at least six months prior to the end of the moratorium (Sec. 3-5).

• Exempts the pricing, advertisement, offer, or sale of food or beverages meant for immediate consumption from the provisions of this act (Sec. 6).

• Specifies that the provisions of Section 4 take effect seven months after passage, the provisions of Section 5 take effect immediately, and the remaining provisions take effect 13 months after passage (Sec. 9).

Full Bill Text