HOUSE BILL 285

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Sarah Silva and Javier Martínez

 

 

 

 

 

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;

                (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 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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