AN ACT RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS -- FILING OF TRADE NAME (Creates the surveillance pricing and online retailing act that would prohibit algorithmic price increases for online purchases.)

H7849

2026 -- H 7849
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LC005691
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS --
FILING OF TRADE NAME

Introduced By:
Representative Alex D. Marszalkowski

Date Introduced:
February 27, 2026

Referred To:
House Corporations
It is enacted by the General Assembly as follows:
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SECTION 1. Title 6 of the General Laws entitled "COMMERCIAL LAW — GENERAL
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REGULATORY PROVISIONS" is hereby amended by adding thereto the following chapter:
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CHAPTER 13.4
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SURVEILLANCE PRICING AND ONLINE RETAILING
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6-13.4-1. Definitions.

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As used in this chapter:
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(1) "Algorithmic price increase" means any act of charging a price for a good or service
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that is higher than the seller's baseline price where:
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(i) The seller uses an automated algorithm, artificial intelligence, or other data processing
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system; and
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(ii) The price is determined by, or materially influenced by, personal data tied to or
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reasonably identifiable to an individual consumer, including but not limited to geolocation, device
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identifiers, browsing or purchase history, demographics, or past purchases.
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(2) "Baseline price" means the price the seller would charge for the same good or service
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at the same point in time under a uniform pricing policy that does not incorporate individualized
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personal data analysis.
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(3) "Personal data" has the meaning given in § 6-48.1-2 and includes any information that
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identifies or could reasonably be linked to a specific consumer or device.

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(4) "Online retailer" means any person or entity selling goods or services through an
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internet website, mobile application, or other digital platform.
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(5) "Price decrease" means any reduction below the seller's baseline price, including
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discounts, promotions, volume pricing, loyalty rewards, or time-limited offers.
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6-13.4-2. Prohibition.

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(a) No online retailer operating or offering goods or services for sale in this state shall
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knowingly apply an algorithmic price increase in the sale of goods or services to consumers in
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Rhode Island.
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(b) This prohibition does not restrict:
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(1) Price decreases as defined in § 6-13.4-1;
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(2) Dynamic pricing based on general market conditions, inventory, time-of-day, or other
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factors not incorporating individualized personal data; or
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(3) Pricing practices otherwise permitted under federal law.
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6-13.4-3. Transparency notice.

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(a) When a price offered to a consumer is influenced by personal data in a manner not
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prohibited by § 16-13.4-2, the online retailer shall display a clear and conspicuous disclosure near
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the price stating:
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"THIS PRICE MAY BE INFLUENCED BY DYNAMIC PRICING FACTORS SUCH AS
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MARKET CONDITIONS, INVENTORY OR TIMING OF SALE."
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(b) This disclosure is not required when the price offered is a price decrease.
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6-13.4-4. Enforcement.

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(a) A violation of this chapter shall constitute a deceptive trade practice prohibited pursuant
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to § 6-13.1-2.
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(b) The attorney general may enforce this chapter pursuant to the provisions of chapter 13.1
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of title 6 (Rhode Island deceptive trade practices act), including by seeking injunctive relief and
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civil penalties.
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6-13.4-5. Civil penalties.

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(a) Violations of this chapter may result in civil penalties of up to one hundred dollars
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($100) per violation.
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(b) Each instance of noncompliance shall constitute a separate violation.
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6-13.4-6. Severability.

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If any provision of this chapter is held invalid, the remainder shall remain in effect.
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SECTION 2. This act shall take effect upon passage.

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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS --
FILING OF TRADE NAME
***
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This chapter would create the surveillance pricing and online retailing act that would
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prohibit algorithmic price increases for online purchases.
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This act would take effect upon passage.
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LC005691
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