Bill
Bill > S3612
NJ S3612
NJ S3612Prohibits business entities from using consumer's personal data to set prices for merchandise or services.
summary
Introduced
02/19/2026
02/19/2026
In Committee
02/19/2026
02/19/2026
Crossed Over
Passed
Dead
Introduced Session
2026-2027 Regular Session
Bill Summary
This bill prohibits business entities from using a consumer's personal data to set prices for merchandise or services. Under the bill, the term "merchandise" is defined as "any objects, wares, goods, commodities, services, and anything offered, directly or indirectly, to the public for sale." Additionally, the term "service" is defined as "any activity which is performed, in whole or in part, for the purpose of financial gain including, but not limited to, sale, rental, leasing, and licensing for use." This bill prohibits business entities from using personalized algorithmic pricing, surveillance pricing, or any pricing strategy that determines, or varies, the sale price of merchandise or services based, in whole or in part, on a consumer's personal data, including biometric data, genetic information, or protected class data. A violation of the provisions of this bill is an unlawful practice under the consumer fraud act which is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, violations may result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured party. The provisions of this bill do not limit any business entity from providing consumers with a discount, promotional price, or loyalty program benefit.
AI Summary
This bill prohibits business entities from using a consumer's personal data to set prices for merchandise, which is defined broadly as any item or service offered for sale, or services, which are any activities performed for financial gain. Specifically, it bans pricing strategies like personalized algorithmic pricing, where prices are adjusted by computer programs based on individual data, and surveillance pricing, where prices are customized based on information gathered through electronic monitoring. This prohibition includes using sensitive personal information such as biometric data (unique biological or behavioral characteristics like fingerprints or facial mapping), genetic information, and protected class data (information related to legally protected characteristics like race, age, or gender). Violations are considered unlawful practices under the consumer fraud act, carrying penalties of up to $10,000 for a first offense and $20,000 for subsequent offenses, along with potential cease and desist orders, punitive damages, and treble damages for injured parties. However, the bill does not prevent businesses from offering general discounts, promotional prices, or loyalty program benefits to consumers.
Committee Categories
Business and Industry
Sponsors (1)
Last Action
Introduced in the Senate, Referred to Senate Commerce Committee (on 02/19/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2026/S3612 |
| BillText | https://pub.njleg.gov/Bills/2026/S4000/3612_I1.HTM |
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