Bill > A4085

This bill, known as the "Fair Price Protection Act," aims to prevent unfair pricing practices for groceries and other foodstuffs by prohibiting "personalized algorithmic pricing" and "surveillance pricing," which are strategies that use an individual's "personal data" (any information linked to a person) to determine or vary prices. The act defines "groceries and other foodstuffs" broadly to include a wide range of food and household items, and clarifies that "location" data, used to infer identity or protected class, is considered personal data in this context, but not data used for operational or market condition assessments. While generally forbidding these dynamic pricing methods, the bill allows for different prices based on reasonable costs, uniformly offered "bona fide discounts" (genuine price reductions not meant to mislead) with clearly disclosed eligibility, or discounts through loyalty programs. It also introduces a one-year moratorium on the new use of "electronic shelving labels" (digital displays for product pricing) to allow for a study on their effects, after which their use will be permitted if compliant with the act. The Attorney General is empowered to take civil action to enforce these provisions, seeking injunctions, compliance, and significant monetary damages or other relief for violations. The act will take effect seven months after enactment, with provisions for advance administrative actions.