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Wisconsin Legislature: SB1140: Bill Text
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SB1140: Bill Text
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2025 - 2026 LEGISLATURE
LRB-6614/1
ARG:cjs
2025 SENATE BILL 1140
March 19, 2026 - Introduced by Senators
Smith
,
Carpenter
,
Dassler-Alfheim
and
Ratcliff
, cosponsored by Representatives
Palmeri
,
Clancy
,
Joers
,
Madison
and
Mayadev
. Referred to Committee on Licensing, Regulatory Reform, State and Federal Affairs.
SB1140,1,3
1
An Act
to create
100.309 of the statutes;
relating to:
algorithmic pricing of
2
essential consumer goods, granting rule-making authority, and providing a
3
penalty.
Analysis by the Legislative Reference Bureau
This bill imposes restrictions on a grocery store’s use of personalized algorithmic pricing. The bill defines “personalized algorithmic pricing” as pricing established by an algorithm that generates fluctuating prices for consumers based on real-time processing of consumer data. “Consumer data” means 1) data collected from a data broker, an online source, or directly from a consumer about the consumer’s behavior, characteristics, or other personal attributes; or 2) surveillance data collected by means of sensors, cameras, or other devices or methods about a consumer’s behavior, characteristics, or other personal attributes.
The bill defines a grocery retailer as a retail seller of nontaxable packaged food products, personal care products, and other household products (essential consumer goods) that generates more than 50 percent of its annual revenue from the sale of nontaxable packaged food products. A grocery retailer may not: 1) advertise, offer, or sell to a consumer an essential consumer good at a price established through the use of personalized algorithmic pricing unless the price is accompanied by the statement: “This price was set by an algorithm using personal data.”; 2) electronically display in a grocery store, within the same field of vision as the essential consumer good, a price for an essential consumer good that is established through the use of personalized algorithmic pricing; 3) engage in personalized algorithmic pricing that results in an essential consumer good being advertised, offered, or sold to a consumer at a price that can vary based on the consumer’s sex, race, color, creed, disability, sexual orientation, national origin, or ancestry; or 4) purchase from a data broker personal information about a consumer for purposes related to the pricing of an essential consumer good advertised, offered, or sold to the consumer.
Under the bill, a grocery retailer that violates any of these prohibitions is subject to a forfeiture of up to $1,000 for each violation, except that the forfeiture must be at least $1,000 and not more than $2,000 for a knowing violation. The Department of Agriculture, Trade and Consumer Protection or the Department of Justice may investigate violations and DATCP, DOJ, or a district attorney may bring an enforcement action. In addition, a person aggrieved by a violation may bring a civil action for damages and recovery of attorney fees. DATCP may promulgate rules to administer and enforce the bill’s provisions.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB1140,1
1
Section
1
.
100.309 of the statutes is created to read:
SB1140,2,3
2
100.309
Algorithmic pricing of essential consumer goods.
(1)
3
Definitions.
In this section:
SB1140,2,6
4
(a) “Algorithm” means a computational process or model that uses a set of
5
rules to define a sequence of operation, including artificial intelligence systems,
6
large-language model prediction systems, and machine learning systems.
SB1140,2,7
7
(b) “Consumer data” means any of the following:
SB1140,2,10
8
1. Data collected from a data broker, an online source, or directly from a
9
consumer about a consumer’s behavior, characteristics, or other personal
10
attributes.
SB1140,2,13
11
2. Surveillance data collected by means of sensors, cameras, or other devices
12
or methods about a consumer’s behavior, characteristics, or other personal
13
attributes.
SB1140,2,14
14
(c) “Data broker” has the meaning given in s. 757.07 (1) (a).
SB1140,3,4
1
(d) “Essential consumer goods” means packaged foods products, personal care
2
products, household paper products, household cleaning products, and other
3
products regularly used by individuals within a household for their hygiene or
4
personal maintenance.
SB1140,3,6
5
(e) “Food product” has the meaning given in s. 93.01 (6), but includes only
6
products that are exempt from taxation under s. 77.54.
SB1140,3,9
7
(f) “Grocery retailer” means a retail seller of essential consumer goods in this
8
state that generates more than 50 percent of its annual revenue from the sale of
9
packaged food products.
SB1140,3,11
10
(g) “Grocery store” means a retail store located in this state that is at least
11
15,000 square feet in size and that is operated by a grocery retailer.
SB1140,3,12
12
(h) “Personal information” has the meaning given in s. 134.98 (1) (b).
SB1140,3,13
13
(i) “Personal care product” has the meaning given in s. 299.50 (1) (b).
SB1140,3,18
14
(j) “Personalized algorithmic pricing” means pricing established by an
15
algorithm that generates fluctuating prices for consumers based on real-time
16
processing of consumer data. “Personalized algorithmic pricing” does not include
17
price adjustments resulting from promotions, loyalty programs, or other temporary
18
discounts broadly offered to attract or retain customers.
SB1140,3,24
19
(2)
Restrictions on pricing methods.
(a) 1. Subject to subd. 2., a grocery
20
retailer may not advertise, offer, or sell to a consumer any essential consumer good
21
at a price that is established in whole or in part through the use of personalized
22
algorithmic pricing unless the price is accompanied by the following disclosure in
23
the same size, format, color, and field of vision as the price: “This price was set by
24
an algorithm using personal data.”
SB1140,4,4
1
2. A grocery retailer may not electronically display in a grocery store, within
2
the same field of vision as an essential consumer good, a price for the essential
3
consumer good that is established in whole or in part through the use of
4
personalized algorithmic pricing.
SB1140,4,8
5
(b) A grocery retailer may not engage in personalized algorithmic pricing that
6
results in any essential consumer good being advertised, offered, or sold to a
7
consumer at a price that can vary based in whole or in part on the consumer’s sex,
8
race, color, creed, disability, sexual orientation, national origin, or ancestry.
SB1140,4,11
9
(c) A grocery retailer may not purchase or otherwise acquire from a data
10
broker personal information about a consumer for purposes related to the pricing of
11
any essential consumer good advertised, offered, or sold to the consumer.
SB1140,4,14
12
(3)
Enforcement; penalty; private cause of action.
(a) 1. Except as
13
provided in subd. 2., any person who violates this section may be required to forfeit
14
not more than $1,000 for each violation.
SB1140,4,16
15
2. Any person who knowingly violates this section shall be required to forfeit
16
not less than $1,000 nor more than $2,000 for each violation.
SB1140,4,18
17
(b) 1. The department or the department of justice may investigate violations
18
of this section.
SB1140,5,3
19
2. If the department or the department of justice has reason to believe that a
20
person is in possession, custody, or control of any information or documentary
21
material relevant to the enforcement of this section, it may require the person to
22
submit a statement or report, under oath or otherwise, as to the facts and
23
circumstances concerning any activity in the course of trade or commerce; examine
24
the person under oath with respect to any activity in the course of trade or
1
commerce; and execute in writing and cause to be served upon the person a civil
2
investigative demand requiring the person to produce any relevant documentary
3
material for inspection and copying.
SB1140,5,8
4
3. The department and the department of justice may subpoena persons and
5
require the production of books and other documents, administer oaths, and
6
conduct hearings to aid in any investigation under this paragraph. The department
7
of justice may request the department to aid in the investigation of alleged
8
violations of this section.
SB1140,5,13
9
4. If a person fails to file any statement or report, or fails to comply with any
10
civil investigative demand, or fails to obey any subpoena issued by the department
11
or department of justice under this paragraph, the person may be coerced as
12
provided in s. 885.12, except that no person is required to furnish any testimony or
13
evidence under this paragraph that might tend to incriminate the person.
SB1140,5,17
14
(c) The department or the department of justice, or any district attorney after
15
consulting with the department, may bring an action in a court of competent
16
jurisdiction on behalf of the state for a violation of this section and, upon prevailing,
17
is entitled to any of the following forms of relief:
SB1140,5,21
18
1. A temporary or permanent injunction. The court may, upon entry of final
19
judgment, award restitution when appropriate to any person suffering loss because
20
of a violation of this section if proof of the loss is submitted to the satisfaction of the
21
court.
SB1140,5,22
22
2. Imposition of a penalty under par. (a).
SB1140,6,3
23
(d) In addition to any other remedies, any person aggrieved by a violation of
24
this section may bring a civil action for damages. If the person prevails, the court
1
shall also award the person all costs of the action, including reasonable attorney
2
fees notwithstanding s. 814.04 (1). In such an action, the court may also award any
3
equitable relief that the court determines is appropriate.
SB1140,6,5
4
(4)
Rule making.
The department may promulgate rules to administer and
5
enforce this section.
SB1140,2
6
Section
2
. Effective date.
SB1140,6,8
7
(
1
) This act takes effect on the first day of the 4th month beginning after
8
publication.
SB1140,6,9
9
(end)
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