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HOUSE BILL 285
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Sarah Silva
AN ACT
RELATING TO CONSUMER PROTECTION; MAKING IT AN UNFAIR OR
DECEPTIVE TRADE PRACTICE TO USE DYNAMIC PRICING TO CHANGE THE
PRICE OF A GOOD OR SERVICE SOLD BY A GROCERY OR RETAIL STORE IN
CERTAIN CIRCUMSTANCES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Unfair Practices Act is
enacted to read:
"[NEW MATERIAL] DIGITAL PRICING IN GROCERY AND RETAIL
STORES.--
A. As used in this section:
(1) "dynamic pricing" means a digital process
that uses a software program to determine or change the price
of a good or service displayed on an electronic shelving label
in a store;
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(2) "electronic shelving label" means a
digital label or price tag that displays the price of a good or
service offered for sale by a store; and
(3) "store" means a grocery or retail store.
B. It is an unfair or deceptive trade practice to
use dynamic pricing to change the price of a good or service
sold by a store:
(1) during holidays, weather events, natural
disasters, supply chain disruptions or other events that can
cause a sudden increased demand for goods and services; or
(2) from personal data or purchasing patterns
collected from customers or potential customers, whether by a
facial recognition system or other digital or electronic
process.
C. A person that uses dynamic pricing to determine
or change the price of goods and services sold in the person's
store shall inform its customers by use of conspicuous signage
inside the store:
(1) of the dynamic pricing process;
(2) of the factors used to change the price of
the goods and services;
(3) that it is an unfair or deceptive trade
practice to use dynamic pricing to change the price of a good
or service, as provided in Subsection B of this section;
(4) if personal data or purchasing patterns of
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customers are being collected by the store, that a customer has
the right to know how the customer's personal data is
collected, if and how it is used to determine or change the
price of goods and services sold by the store and with whom the
information is shared; and
(5) that a customer has the option to opt out
of the collection of personal data or purchasing patterns."
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