S 8623

Summary

As amended 5/6/2026: - Prohibits entities from setting the price of a good or service using surveillance pricing based on a consumer's personal data. - Requires entities that use automated pricing systems based on non-personal factors to disclose the use of such a system and the categories of inputs that influence the price. - Exempts loyalty programs. - NOTE: 5/6 amended version: - Modifies the definitions of "algorithm," "dynamic pricing," and replaces "personalized algorithmic pricing" with "surveillance pricing." - Adds and defines "bona fide discount," "bona fide custom discount," "consumer price," and "online marketplace." - Removes disclosure statement requirement and instead generally prohibits surveillance pricing. - No longer excludes pricing based on an existing subscription-based contract or agreement with a consumer. - Excludes pricing required or expressly authorized by federal and state law. - Establishes a civil penalty framework of maximum penalties of: $5,000 for a first violation and $20,000 for each subsequent violation. - Authorizes the Attorney General to promulagate rules and regulations to implement and enforce the requirements. - Adds a severability clause in the case one part of the measure is determined by a court to be invalid.

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