TRENTON—A Senate panel advanced legislation Monday that would prohibit businesses from using personal data to charge different shoppers different prices for the same items. The "Fair Price Protection Act" would fine violators $10,000 for first offenses and $20,000 for subsequent violations.
The Commerce Committee approved the bill on March 16. Senators Joe Lagana (D, 38th District) and Joe Cryan (D, 20th District) are primary sponsors. Senate President Nick Scutari is a co-sponsor.
The legislation targets "surveillance pricing" — using browsing history, location, gender and other personal data to set individualized cost levels. "We're not talking about high-end products that people have disposable income to buy, we're talking about food, we're talking about personal items," said Lagana.
Gov. Mikie Sherrill supports the measure. She called the practice "creepy AF" during her March 10 budget address.
Discounts, promotional prices and loyalty programs would remain legal under the measure. The New Jersey Business & Industry Association, the state's largest business advocacy organization, is monitoring the bill. Christopher Emigholz, the association's chief government affairs officer, said the group is "still looking into the policy."
The measure defines "merchandise" and "services" broadly. It prohibits personalized algorithmic pricing, surveillance pricing, or any pricing strategy that changes cost based on consumer data. Differences based on time, place or quantity remain permitted.
Assemblyman Chigozie Onyema (D, 28th District) has introduced a companion bill in the Assembly. Both chambers must pass identical legislation before it reaches the governor for signature or veto. The legislative process typically takes several months.
Sources
• New Jersey Monitor (March 16, 2026)
• Asbury Park Press (March 16, 2026)
• 6ABC/WPVI (March 12, 2026)
• NJ Senate Democrats Official Announcement (March 17, 2026)
• NJ Legislature Bill Text S-3612 (February 19, 2026)
It's about time!
Reply