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NM SB223

Bill

Status

Introduced

2/3/2026

Primary Sponsor

Heather Berghmans

Click for details

Origin

Senate

2026 Regular Session

AI Summary

  • Prohibits businesses from setting individualized prices for goods or services based on personal information obtained through observation, inference, or surveillance of consumers

  • Allows differential pricing only when justified by actual cost differences, publicly available discount programs (for groups like military, veterans, students, seniors), or when operating as an insurer

  • Exempts credit decisions based on Fair Credit Reporting Act consumer reports and use of properly de-identified data with technical safeguards against re-identification

  • Authorizes the Attorney General to enforce violations as unfair trade practices with civil penalties up to $10,000 per violation for willful conduct

  • Creates private right of action for aggrieved consumers to recover actual damages plus 8% prejudgment interest, $3,000 per violation, or treble damages for bad-faith violations, plus attorney fees and costs

Legislative Description

Surveillance-based Price Discrimination Act

Last Action

Sent to SCC - Referrals: SCC/STBTC/SJC

2/3/2026

Committee Referrals

Committees2/3/2026

Full Bill Text

No bill text available