SB1140 creates a new state law restricting the use of personalized algorithmic pricing by grocery retailers when selling “essential consumer goods,” including packaged foods, personal care products, household paper products, and household cleaning products. The bill defines personalized algorithmic pricing as prices set by an algorithm using real-time consumer data, including data from brokers, online sources, direct consumer input, or surveillance tools such as sensors and cameras. It also defines grocery retailers and grocery stores for purposes of the law, focusing on retailers that derive more than half of annual revenue from packaged food sales and operate stores of at least 15,000 square feet.
The bill generally prohibits grocery retailers from using personalized algorithmic pricing for essential consumer goods unless the price is clearly disclosed with the statement, “This price was set by an algorithm using personal data.” It also bars electronic price displays in a store’s same field of vision as the product when the price is set through personalized algorithmic pricing, and it prohibits pricing that varies based on protected characteristics such as sex, race, color, creed, disability, sexual orientation, national origin, or ancestry. In addition, grocery retailers may not buy personal information from data brokers for pricing purposes related to these goods. The Department of Agriculture, Trade and Consumer Protection (DATCP) is authorized to adopt rules, and DATCP and the Department of Justice may investigate and enforce the law, along with district attorneys.
The bill would add a new statutory section, s. 100.309, to Wisconsin law and create a new regulatory framework for grocery pricing practices. It also creates civil and administrative consequences, including forfeitures of up to $1,000 per violation, with higher minimum and maximum penalties for knowing violations. Enforcement tools include investigative demands, subpoenas, injunctions, restitution in some cases, and a private right of action for aggrieved consumers seeking damages, costs, attorney fees, and equitable relief. The act would take effect on the first day of the fourth month after publication.
Because there are no recorded votes or committee transcripts provided, the bill’s overall sentiment cannot be measured from formal debate history. Based on the text, the bill appears aimed at consumer protection, transparency, and anti-discrimination in retail pricing, which suggests likely support from advocates concerned about data-driven price discrimination. At the same time, the restrictions on dynamic pricing, data broker purchases, and in-store digital price displays could draw concern from grocery retailers, technology vendors, and business groups worried about compliance costs, operational limits, and reduced pricing flexibility.
SB1140 would create a new Wisconsin statute, s. 100.309, regulating how grocery retailers price essential consumer goods when using algorithmic systems. It would prohibit certain personalized pricing practices, require a disclosure for some algorithm-based prices, restrict use of consumer data and data broker information for pricing, and authorize DATCP to promulgate rules. The bill also establishes enforcement authority for DATCP, DOJ, and district attorneys, creates forfeitures and civil remedies, and gives private individuals a cause of action for damages and attorney fees.
No committee transcripts or votes were provided, so there is no direct record of legislative debate or roll-call support/opposition. From the bill text alone, the measure is framed as a consumer-protection and anti-discrimination bill, suggesting a generally favorable policy rationale centered on transparency and fairness. The absence of recorded opposition in the provided materials means any controversy is inferred from the bill’s regulatory burden rather than from documented floor or committee sentiment.
The main points of contention are likely to be the bill’s limits on algorithmic pricing, its ban on using data broker information for grocery pricing, and its restriction on prices that vary based on protected characteristics. Grocery retailers and technology providers may argue that the bill interferes with legitimate dynamic pricing, promotions, and store-level pricing tools, while consumer advocates are likely to support the disclosure and anti-discrimination provisions. Another likely area of dispute is enforcement, especially the private right of action, attorney-fee shifting, and the potential for multiple penalties per violation.