Bill > SB223

This bill, titled the "Surveillance-Based Price Discrimination Act," prohibits businesses from charging different prices for goods or services based on information they gather about consumers, known as "surveillance data." This data includes personal information, which is any information linked to an identifiable person or their device, and "individualized" data that is specific to a person or group. The act defines "surveillance-based price discrimination" as setting an individualized price based on this personal information. However, the bill provides exceptions, such as when different prices are due to actual cost differences in providing the service, when discounts are clearly advertised and available to all consumers on equal terms (like for military members or seniors), or when the business is an insurer. It also clarifies that using "de-identified data," which cannot be linked back to an individual, is permissible if proper safeguards are in place to prevent re-identification. The Attorney General is authorized to create rules to enforce this act, and violations are considered unfair trade practices, leading to civil penalties of up to $10,000 per violation, with the possibility of consumers suing for damages, which could be their actual losses, $3,000 per violation, or triple their actual damages if the violation was in bad faith.

https://www.nmlegis.gov/Legislation/Legislation?chamber=S&legtype=B&legno=223&year=26