Bill > A4523

Introduced Session

This bill establishes the "Fair Price Protection Act." Under the bill, a retail food store or third-party grocery delivery platform is prohibited from selling or offering for sale groceries and other foodstuffs or a service and charging different prices to different consumers for the same, or a substantially similar, product or service using, informed by, or based on, in whole or in part, surveillance-based price setting through the use of surveillance data collected from consumers. The bill defines "surveillance-based price setting" as offering or setting a customized price for a product or service for a specific consumer or group of consumers based on information collected through electronic surveillance technology, including sensors, cameras, device tracking, biometric monitoring, or other forms of observation or data collection capable of gathering information about a consumer's behavior, characteristics, location, or other personal attributes. Under the bill, it is not considered surveillance-based price setting if the difference in price for a product or service is: based solely on reasonable costs associated with providing the product or service to different consumers; a bona fide discount offered to broadly defined groups such as teachers, active duty personnel, veterans, senior citizens, or students; or a bona fide discount offered to a consumer who affirmatively and knowingly enrolls in a loyalty program. These differences in price are allowed provided that: eligibility conditions are clearly and conspicuously disclosed; discounts are offered uniformly to consumers who meet the criteria; surveillance data used solely to administer a bona fide discount is not used for any other purpose; and loyalty programs do not charge different prices for points or similar nonmonetary value for the same or substantially similar product or service. Additionally, under the bill, a retail food store is prohibited from using electronic shelving labels to display product and pricing information of groceries and other foodstuffs and instead is required to use a method that allows for a non-digital presentation of price. The Attorney General may bring a civil action to enjoin an act or practice that is in violation of the provision of this bill, enforce compliance, and obtain actual monetary damages incurred from the violation or $3,000, whichever is greater, as well as any other restitution, penalties, or relief the court may deem appropriate. A consumer who has been aggrieved by an act or practice that is in violation of the provision of this bill may also bring a civil action for the same relief. However, if the court finds that a defendant acted willfully, the court may increase the consumer's award up to three times the amount provided. The bill establishes a reputable presumption that there is a violation of the bill's provisions if consumers are offered different prices for the same or substantially similar product or service during the same or substantially similar period of time. Additionally, the bill requires the court to award litigation costs and reasonable attorney's fees to a prevailing plaintiff. The bill also requires an action to be brought within five years of discovery of the violation. A violation of the bill's provisions is an unlawful practice under the consumer fraud act, 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.

AI Summary

Committee Categories

Chigozie Onyema (D)*,  William Sampson (D)*,  Katie Brennan (D),  Shama Haider (D),  Vincent Kearney (D),  Verlina Reynolds-Jackson (D),  Kenyatta Stewart (D),  Michael Venezia (D), 

Combined with A4085 (ACS) (on 03/19/2026)

Official Document