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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1006
Introduced by Guereca, 7.
Read first time January 13, 2026
Committee: Banking, Commerce and Insurance
A BILL FOR AN ACT relating to consumer protection; to adopt the1
Protecting Consumers and Jobs from Predatory Pricing Act; and to2
provide severability. 3
Be it enacted by the people of the State of Nebraska,4
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Section 1. Sections 1 to 6 of this act shall be known and may be1
cited as the Protecting Consumers and Jobs from Predatory Pricing Act.2
Sec. 2. The Legislature finds and declares that:3
(1) It is the policy of Nebraska to protect consumers from predatory4
pricing schemes in whatever iteration they appear or evolve;5
(2) Advancements in algorithms, in artificial intelligence, and in6
electronic shelving technology have created commercial and retail7
environments where it is possible to set pricing for a product or service8
based on personal or protected data; 9
(3) Current law does not sufficiently prohibit companies from using10
personal or protected data to set prices; 11
(4) The use of personal or protected data to set prices presents a12
distinct potential for companies to violate consumer privacy rights and13
may result in discrimination; 14
(5) While offering goods at different prices due to customer demand15
is not new, there are subtle and important differences between price16
optimization and dynamic and surveillance pricing;17
(6) It is in the interest of the state and its consumers to regulate18
technologies or business models which can impact consumers or competition19
by monetizing consumers' personal information; 20
(7) Business models in dynamic and surveillance pricing have results21
that will lead to the elimination of numerous jobs, the existence of22
which are relied upon by the communities of the state for the livelihood23
of their residents and by the state directly for economic growth;24
(8) Protection of these jobs will further protect consumers who are25
part of this economic ecosystem and will add to the growth of the economy26
and job market of Nebraska; and 27
(9) By enacting laws regulating dynamic, surveillance, and28
personalized algorithmic pricing, Nebraska can protect and promote the29
growth of jobs in the future. 30
Sec. 3. For purposes of the Protecting Consumers and Jobs from31
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Predatory Pricing Act: 1
(1) Algorithm means a computational process that uses a set of rules2
to define a sequence of operations, including, but not limited to,3
artificial intelligence systems and facial-recognition software;4
(2) Business means any person, firm, organization, partnership,5
association, corporation, or any other entity doing business in Nebraska;6
(3) Clear and conspicuous disclosure means disclosure in the same7
medium as and provided on, at, or near and contemporaneous with every8
advertisement, display, image, offer, or announcement of a price for9
which notice is required using lettering and wording that is easily10
visible and understandable to the average consumer;11
(4) Consumer means an individual who is seeking or solicited to12
purchase, lease, or receive a good or service not for resale in the13
ordinary course of the individual's trade or business but for personal,14
family, or household use; 15
(5) Consumer data means any data that identifies or could reasonably16
be linked, directly or indirectly, with a specific individual or device,17
excluding location data; 18
(6) Dynamic pricing means pricing that fluctuates dependent on19
conditions that algorithmic or artificial intelligence models retrain or20
recalibrate on information in near real-time, excluding promotional21
pricing offers, loyalty program benefits, or other temporary discounts or22
changes to pricing related to retention of existing customers;23
(7) Electronic shelving label means electronic and wireless paper24
displays that present product and pricing information;25
(8) Grocery store means an establishment that is primarily engaged26
in retailing a general line of food, such as canned or frozen foods,27
fresh fruits or vegetables, or fresh or prepared meats, fish, or poultry;28
(9)(a) Nondigital presentation of price means:29
(i) A sign which offers the unit price for one or more brands or30
sizes of a given commodity; 31
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(ii) A sticker, stamp, sign, label, or tag, affixed to the shelf1
upon which the commodity is displayed; and 2
(iii) A sticker, stamp, sign, label, or tag, affixed to the3
commodity itself. 4
(b) If a single sticker, stamp, sign, label, or tag does not provide5
the unit price information for more than one brand or size of a given6
commodity, then the following information shall be provided:7
(i) The identity of the commodity; 8
(ii) The brand name of the commodity; 9
(iii) The quantity of the packaged commodity if more than one10
package size per brand is displayed; 11
(iv) The total sale price of the commodity; and12
(v) The price per appropriate unit. 13
(c) Where a sign providing unit price information for one or more14
sizes or brands of a given commodity is used, the sign shall be centrally15
located as close as practical to all items to which the sign refers, and16
the unit price information displayed thereon shall be presented in a17
clear, distinct, and nondeceptive manner; 18
(10) Personalized algorithmic pricing means dynamic pricing or19
surveillance pricing derived from or set by an algorithm that uses20
consumer data which may vary among consumers and groups of consumers;21
(11) Protected class data means information about an individual or22
group of individuals that directly, in combination, or by implication23
identifies a characteristic that is legally protected from discrimination24
under state or federal law, including, but not limited to, ethnicity,25
national origin, age, disability, sex, sexual orientation, gender26
identity and expression, pregnancy outcomes, and reproductive health27
care; and 28
(12) Surveillance pricing means offering or setting a customized29
price for a good or service for a specific consumer or group of30
consumers, based, in whole or in part, on information collected through31
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electronic surveillance technology. Surveillance pricing includes the use1
of technological methods, systems, or tools, including, but not limited2
to, sensors, cameras, device tracking, biometric monitoring, or other3
forms of observation or data collection that are capable of gathering4
information about the behavior, characteristics, location, or other5
personal attributes of a consumer, whether in physical or digital6
environments. 7
Sec. 4. (1) Any business that knowingly advertises, promotes,8
labels, or publishes a statement, display, image, offer, or announcement9
that uses personalized algorithmic pricing using consumer data specific10
to a particular consumer is required to provide a clear and conspicuous11
disclosure to consumers that the price was set by an algorithm using the12
personal data of the consumer. 13
(2) A grocery store larger than ten thousand square feet shall not14
use electronic shelving labels or any digital shelf display technology,15
and shall use a nondigital presentation of price. This prohibition does16
not limit the ability of any grocery store or business to provide a17
consumer a discount, promotional price, or loyalty program benefit based18
on the consumer's previous purchase history. 19
(3) No business shall use electronic shelving labels or any digital20
shelf display technology to display personalized algorithmic pricing or21
surveillance pricing. 22
(4) No business shall use personalized algorithmic pricing or23
surveillance pricing for any reason. 24
(5) No business shall collect or use the data of an individual25
younger than seventeen years of age for targeted advertising or26
personalized algorithmic pricing under any circumstances.27
(6) No business shall use protected class data in setting a price28
for, offering, marketing, or selling any good or service if any of the29
following are true: 30
(a) The use of such data has the effect of withholding or denying31
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any of the accommodations, advantages, or privileges accorded to other1
individuals or groups; or 2
(b) The price for such good or service is different from the price3
offered to other individuals or groups based, in whole or in part, on the4
use of protected class data. 5
Sec. 5. The Protecting Consumers and Jobs from Predatory Pricing6
Act shall not apply to any: 7
(1) Person providing financial services, including, but not limited8
to, financial institutions, financial institution affiliates, broker-9
dealers, registered investment advisors, and persons that provide10
consumer credit products such as credit cards, personal loans, and11
mortgages; or 12
(2) Insurer licensed, regulated, or otherwise authorized to do13
business in Nebraska, including any person, agent, or affiliate acting on14
behalf of such insurer. 15
Sec. 6. (1) Whenever a potential violation of the Protecting16
Consumers and Jobs from Predatory Pricing Act occurs, the Attorney17
General may bring an action in the name of the State of Nebraska in a18
court of competent jurisdiction to enjoin and restrain such violation and19
its continuance. 20
(2) In connection with any such action, the Attorney General is21
authorized to take evidence, make a determination of the relevant facts,22
and to issue subpoenas. 23
(3) If it appears to the satisfaction of the court that the24
defendant has, in fact, violated the Protecting Consumers and Jobs from25
Predatory Pricing Act, the court may issue an injunction, enjoining and26
restraining such violation and its continuance without requiring proof27
that any person has, in fact, been injured or damaged by the violation.28
(4) Whenever a court determines that a violation of the Protecting29
Consumers and Jobs from Predatory Pricing Act has occurred, the court may30
impose a civil penalty of not more than seven thousand five hundred31
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dollars for each violation. 1
(5) In addition to any other remedies provided in the Protecting2
Consumers and Jobs from Predatory Pricing Act, any person aggrieved by a3
violation of the act may bring a civil action against the violator.4
(6) Nothing in this section shall in any way limit rights or5
remedies which are otherwise available under law to the Attorney General6
or any other person authorized to bring an action under this section.7
Sec. 7. If any section in this act or any part of any section is8
declared invalid or unconstitutional, the declaration shall not affect9
the validity or constitutionality of the remaining portions.10
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