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Bill

A 4085

Establishes "Fair Price Protection Act."*

2026-2027 Regular Session Introduced by Rosy Bagolie and 20 co-sponsors

New Jersey bill bans businesses from using personal consumer data to set individualized prices for goods or services, prohibiting algorithmic price discrimination.

Passed Senate (Passed Both Houses) (22-14)
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Bill Summary · A 4085

Legislative bill overview

Bill A 4085 prohibits businesses in New Jersey from using personal consumer data to set individualized prices for products or services—a practice known as "price discrimination" or "dynamic pricing based on personal data." The bill would prevent companies from charging different prices to different customers based on their personal information, browsing history, location, purchase patterns, or similar data they've collected.

Why is this important

Price discrimination based on personal data has become increasingly common in digital commerce, with companies like airlines, hotels, and e-commerce platforms charging different prices to different users. This practice can disproportionately harm vulnerable consumers and raises concerns about fairness and transparency. The bill addresses consumer protection in an era where algorithmic pricing is becoming more sophisticated and less visible to the average shopper.

Potential points of contention

  • Business impact and pricing flexibility: Companies argue that dynamic pricing based on data helps optimize inventory, manage demand, and can actually lower prices for some consumers; restrictions could limit legitimate business practices and potentially increase average prices
  • Definition and enforcement challenges: The bill's language on what constitutes "personal data" and which pricing practices are prohibited could be vague, making enforcement difficult and creating legal uncertainty for businesses
  • Competitive disadvantage: New Jersey-specific restrictions could disadvantage local businesses compared to out-of-state competitors, potentially pushing e-commerce transactions to companies outside the state

Compiled from official sources — confirm details with the bill’s official record.

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