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Bill

SB 223

SURVEILLANCE-BASED PRICE DISCRIMINATION ACT

2026 Regular Session Introduced by Heather Berghmans

New Mexico bill would prohibit companies from using surveillance data to charge different prices to different consumers for identical products or services.

action postponed indefinitely
#business&industry #crimes&penalties
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Bill Summary · SB 223

Legislative bill overview

SB 223 would regulate or restrict price discrimination practices enabled by surveillance technologies and personal data collection. The bill appears designed to prevent companies from using consumer data gathered through tracking to charge different prices to different customers for identical goods or services.

Why is this important

Price discrimination based on surveillance data could allow companies to charge vulnerable populations higher prices based on their browsing habits, location history, income level, or other tracked characteristics. This practice raises concerns about fairness, consumer protection, and whether low-income individuals are systematically overcharged while others receive better rates for the same product.

Potential points of contention

  • Business compliance costs: Retailers and e-commerce platforms argue surveillance-based pricing enables personalized offers and that restricting it increases compliance burdens and could limit consumer benefits from tailored discounts
  • Definition and scope: Determining what constitutes prohibited "surveillance-based" discrimination versus legitimate personalization (loyalty programs, negotiated rates) will be technically and legally complex
  • Enforcement mechanisms: The bill's effectiveness depends on clear enforcement authority, penalties, and practical oversight capacity—questions likely debated across the three assigned committees

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

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