Assembly Bill 1190 aims to regulate the use of personalized algorithmic pricing by grocery retailers in Wisconsin. The bill defines personalized algorithmic pricing as pricing determined by algorithms that fluctuate based on real-time consumer data, which includes information collected from data brokers, online sources, or directly from consumers, as well as surveillance data. Grocery retailers, defined as those generating over 50% of their revenue from the sale of nontaxable packaged food products, are prohibited from advertising or selling essential consumer goods at prices established through personalized algorithmic pricing unless accompanied by a specific disclosure. Additionally, they cannot display such prices electronically within the same field of vision as the goods, engage in pricing that varies based on consumer characteristics such as sex or race, or purchase personal information from data brokers for pricing purposes.
Violations of these provisions can result in penalties ranging from $1,000 to $2,000 for knowing infractions, with enforcement actions possible by the Department of Agriculture, Trade and Consumer Protection (DATCP) or the Department of Justice (DOJ). The bill also allows individuals harmed by violations to pursue civil actions for damages and attorney fees. Furthermore, DATCP is granted rule-making authority to implement and enforce the bill's provisions. The act is set to take effect four months after publication.