Shown verbatim: the complete text as captured from the official page posted by the New Jersey Legislature, fetched 2026-08-28. Where this bill amends existing law, language marked for deletion in the official page appears here in brackets. This is the introduced version. The official bill page.
ASSEMBLY, No. 4085 STATE OF NEW JERSEY 222nd LEGISLATURE INTRODUCED FEBRUARY 19, 2026 Sponsored by: Assemblywoman ANNETTE QUIJANO District 20 (Union) Assemblywoman ROSAURA "ROSY" BAGOLIE District 27 (Essex and Passaic) Co-Sponsored by: Assemblywoman Haider and Assemblyman Bhalla SYNOPSIS Prohibits business entities from using consumer’s personal data to set prices for merchandise or services. CURRENT VERSION OF TEXT As introduced. An Act prohibiting certain uses of personal data and supplementing P.L.1960, c.39 (C.56:8-1 et seq.). Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. As used in this act: “Biometric data” means data generated by automatic or technological processing, measurements, or analysis of a consumer’s biological, physical, or behavioral characteristics including, but not limited to: fingerprint; voiceprint; eye retinas; irises; facial mapping; facial geometry; facial templates; and other unique biological, physical, or behavioral patterns or characteristics, that are used, or intended to be used, to identify or make inferences about a specific consumer. “Business entity” means any natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association, or any other legal commercial entity organized under the laws of this State or any other state or foreign jurisdiction. “Consumer” means a person who is a resident of this State acting only in an individual or household context. "Consumer" shall not include a person acting in a commercial context. “Genetic information” means the information, including information derived or inferred from genetic testing or analysis, about genes, gene products, or inherited characteristics that may derive from a person or family member. “Merchandise” means any objects, wares, goods, commodities, services, and anything offered, directly or indirectly, to the public for sale. “Personal data” means any data that identifies or could reasonably be linked, directly or indirectly, with a specific consumer or a consumer’s device. “Personalized algorithmic pricing” means a pricing strategy in which the price of merchandise or services is determined, adjusted, optimized, or recommended by an algorithm or automated system using a consumer’s personal data including data that is derived, or inferred, and that results in price variation for individual consumers or groups of consumers. “Protected class data” means information about a consumer or a group of consumers that directly, in combination or by implication, identifies a characteristic that is legally protected from discrimination under the laws of this State or under federal law including, but not limited to, ethnicity, national origin, age, disability, predisposing genetic characteristic, sex, sexual orientation, gender identity and expression, pregnancy-related conditions, marital status, familial status, religion, and reproductive health care. “Service” means any activity which is performed, in whole or in part, for the purpose of financial gain including, but not limited to, sale, rental, leasing, and licensing for use. “Surveillance pricing” means a pricing strategy that is used to offer or set a customized sale price for merchandise or services for a specific consumer or group of consumers based, in whole or in part, on information collected through electronic surveillance technology. “Surveillance pricing” shall include the use of technological methods, systems, or tools including, but not limited to, sensors, cameras, device tracking, biometric monitoring, and other forms of observation or data collection, capable of gathering information about a consumer’s behavior, characteristics, location, and other personal attributes. 2. a. Notwithstanding any law, regulation, or rule to the contrary, it shall be considered an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for a business entity to use personalized algorithmic pricing, surveillance pricing, or any pricing strategy that determines or varies the sale price of merchandise or services based, in whole or in part, on a consumer’s personal data including, but not limited to, biometric data, genetic information, and protected class data. b. The provisions of this section shall not prohibit any business entity from providing consumers a discount, promotional price, or loyalty program benefit. c. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the provisions of this act. 3. This act shall take effect on the first day of the seventh month next following the date of enactment, except that the Director of the Division of Consumer Affairs may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act. STATEMENT This bill prohibits business entities from using a consumer’s personal data to set prices for merchandise or services. Under the bill, the term “merchandise” is defined as “any objects, wares, goods, commodities, services, and anything offered, directly or indirectly, to the public for sale.” Additionally, the term “service” is defined as “any activity which is performed, in whole or in part, for the purpose of financial gain including, but not limited to, sale, rental, leasing, and licensing for use.” This bill prohibits business entities from using personalized algorithmic pricing, surveillance pricing, or any pricing strategy that determines, or varies, the sale price of merchandise or services based, in whole or in part, on a consumer’s personal data, including biometric data, genetic information, or protected class data. A violation of the provisions of this bill is an unlawful practice under the consumer fraud act which is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, violations may result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured party. The provisions of this bill do not limit any business entity from providing consumers with a discount, promotional price, or loyalty program benefit.
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