Read the full stored bill text
Wisconsin Legislature: SB1171: Bill Text
Skip navigation
Home
Documents
Senate
Assembly
Committees
Service Agencies
Docs
Options
Help
2025 Biennium
Statutes
Admin. Rules
Indices
Miscellaneous
Archives
Home
Bill, Rule, and Appointment Histories
Senators
Representatives
Committees
Text of Introduced Proposals
Amendment Text
Acts
Veto Messages
Enrolled Bills
Votes
Assembly and Senate Floor Calendars
Schedule of Committee Activities
Assembly and Senate Journals
Committee Records (ROCPs)
Legislative Rules
All Session-Related Documents
Subject Index to Acts
Subject Index to Legislation
Subject Index to Journals
Author Index to Legislation
Subject Index to Clearinghouse Rules
Miscellaneous Budget Documents
Executive Orders
Rulings of the Chair
Wisconsin Supreme Court Rules
Opinions of the Attorney General
Town Law Forms
Law
Districts
Session
Drafting Files
Feeds
Preferences
Show tree
Hide tree
Feedback
Help
Home
Senate Home
Senators
Committees
Session
Chief Clerk
Sergeant at Arms
Civics Education
Human Resources
Assembly Home
Representatives
Committees
Session
Chief Clerk
Sergeant at Arms
Human Resources
Schedule
Joint
Senate
Assembly
Study
Legislative Audit Bureau
Legislative Council
Legislative Fiscal Bureau
Legislative Human Resources Office
Legislative Reference Bureau
Legislative Technology Services Bureau
Menu
»
2025
»
Related Documents
»
Proposal Text
»
SB1171: Bill Text
Up
Up
2025 - 2026 LEGISLATURE
LRB-6279/1
ARG:emw
2025 SENATE BILL 1171
March 19, 2026 - Introduced by Senators
Roys
,
Carpenter
,
Dassler-Alfheim
,
Larson
,
Ratcliff
,
Spreitzer
and
Wall
, cosponsored by Representatives
McGuire
,
Arney
,
Clancy
,
Mayadev
,
Miresse
,
Sinicki
,
Stubbs
,
Udell
and
Palmeri
. Referred to Committee on Licensing, Regulatory Reform, State and Federal Affairs.
SB1171,1,2
1
An Act
to create
100.303 of the statutes;
relating to:
prohibiting retail
2
dynamic price gouging of consumer goods and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits the use of dynamic price gouging in the retail sale of consumer goods.
The bill defines “dynamic price gouging” as using any computational system or model, including artificial intelligence, that processes consumer data to establish a customized price for a specific consumer. “Consumer data” means information 1) purchased from a data broker; 2) capable of being associated with a particular consumer that relates to the consumer’s behavior, characteristics, or other personal attributes and that is obtained by online or in-person surveillance, by using automated systems such as Internet scraping or crawling, or without the consumer’s consent; or 3) related to a consumer that is a prohibited basis of discrimination, such as the consumer’s race, national origin, or sex.
The bill prohibits a retail seller from offering or selling a consumer good at a price established in whole or in part through dynamic price gouging. A “retail seller” is a person that sells consumer goods, whether in-person or online, to consumers primarily for personal, family, or household use. “Consumer goods” means goods that are packaged by the product’s manufacturer or distributor with a universal product code and that are used or intended for use primarily for personal, family, or household purposes. If a retail seller violates this prohibition, the Department of Agriculture, Trade and Consumer Protection or the Department of Justice may issue a warning notice or commence an action against the retail seller for a civil forfeiture of up to $10,000 or injunctive relief or both.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB1171,1
1
Section
1
.
100.303 of the statutes is created to read:
SB1171,2,3
2
100.303
Prohibiting certain pricing practices in the sale of consumer
3
goods.
(1)
Definitions.
In this section:
SB1171,2,4
4
(a) “Consumer” means an individual located in this state.
SB1171,2,5
5
(b) “Consumer data” means any of the following:
SB1171,2,7
6
1. Any information related to a consumer that is purchased or otherwise
7
acquired from a data broker, as defined in s. 757.07 (1) (a).
SB1171,2,11
8
2. Any information that is capable of being associated with a particular
9
consumer through one or more identifiers or other information or circumstances
10
and that relates to the consumer’s behavior, characteristics, or other personal
11
attributes if the information is obtained in any of the following ways:
SB1171,2,12
12
a. By means of online or in-person surveillance technology.
SB1171,2,14
13
b. By using a fully automated system to extract and download data from social
14
media platforms and other online sources.
SB1171,2,15
15
c. By acquiring the information without the consumer’s consent.
SB1171,2,17
16
3. Any information related to a consumer that is a prohibited basis of
17
discrimination against the consumer under s. 106.52 (3) (a) 1.
SB1171,2,20
18
(c) “Consumer goods” means goods that are packaged by the product’s
19
manufacturer or distributor with a universal product code and that are used or
20
intended for use primarily for personal, family, or household purposes.
SB1171,3,4
1
(d) “Dynamic price gouging” means using any computational system or model,
2
including artificial intelligence or machine learning, that processes consumer data
3
to establish a customized price for a specific consumer at which a consumer good is
4
offered or sold to that consumer.
SB1171,3,7
5
(e) “Retail seller” means a person that sells consumer goods, whether in-
6
person or online, to consumers primarily for personal, family, or household use and
7
not for resale.
SB1171,3,10
8
(2)
Dynamic price gouging prohibited.
A retail seller may not offer or sell
9
a consumer good at a price established in whole or in part through dynamic price
10
gouging.
SB1171,3,13
11
(3)
Enforcement; penalty.
If a retail seller violates sub. (2), the department
12
or, after consulting with the department, the department of justice may do any of
13
the following:
SB1171,3,15
14
(a) Issue to the retail seller a warning notice specifying the action that the
15
retail seller is required to take in order not to be in violation of sub. (2).
SB1171,3,18
16
(b) Commence an action against the retail seller in the name of the state to
17
recover a civil forfeiture of not more $10,000 or to temporarily or permanently
18
restrain or enjoin the retail seller from violating sub. (2), or both.
SB1171,2
19
Section
2
. Effective date.
SB1171,3,21
20
(
1
) This act takes effect on the first day of the 4th month beginning after
21
publication.
SB1171,3,22
22
(end)
Down
Down
/2025/related/proposals/sb1171
true
proposaltext
/2025/related/proposals/sb1171
proposaltext/2025/REG/SB1171
proposaltext/2025/REG/SB1171
section
true
Menu
»
2025
»
Related Documents
»
Proposal Text
»
SB1171: Bill Text
×
Details for
PDF view
Link
(Permanent link)
Bookmark this location
View toggle
Go to top of document
Search in this chapter
Search in this section
Search in this agency
Search in this chapter group
Search in this chapter
Search in this section
Cross references for section
Acts affecting this section
References to this
1970 Statutes Annotations
Appellate Court Citations
Administrative Code Index
Reference lines
Clear highlighting