WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(1)(a) "ConsumerConsumer"Consumer" means an individual located in this state.Wis. Stat. § 100.303(1)(a)" means an individual located in this state.
(1)(b) "Consumer dataConsumer data"Consumer data" means any of the following: 1. Any information related to a consumer that is purchased or otherwise acquired from a data broker, as defined in s. 757.07 (1) (a). 2. Any information that is capable of being associated with a particular consumer through one or more identifiers or other information or circumstances and that relates to the consumer's behavior, characteristics, or other personal attributes if the information is obtained in any of the following ways: a. By means of online or in-person surveillance technology. b. By using a fully automated system to extract and download data from social media platforms and other online sources. c. By acquiring the information without the consumer's consent. 3. Any information related to a consumer that is a prohibited basis of discrimination against the consumer under s. 106.52 (3) (a) 1.Wis. Stat. § 100.303(1)(b)" means any of the following: 1. Any information related to a consumerConsumer"Consumer" means an individual located in this state.Wis. Stat. § 100.303(1)(a) that is purchased or otherwise acquired from a data broker, as defined in s. 757.07 (1) (a). 2. Any information that is capable of being associated with a particular consumerConsumer"Consumer" means an individual located in this state.Wis. Stat. § 100.303(1)(a) through one or more identifiers or other information or circumstances and that relates to the consumerConsumer"Consumer" means an individual located in this state.Wis. Stat. § 100.303(1)(a)'s behavior, characteristics, or other personal attributes if the information is obtained in any of the following ways: a. By means of online or in-person surveillance technology. b. By using a fully automated system to extract and download data from social media platforms and other online sources. c. By acquiring the information without the consumerConsumer"Consumer" means an individual located in this state.Wis. Stat. § 100.303(1)(a)'s consent. 3. Any information related to a consumerConsumer"Consumer" means an individual located in this state.Wis. Stat. § 100.303(1)(a) that is a prohibited basis of discrimination against the consumerConsumer"Consumer" means an individual located in this state.Wis. Stat. § 100.303(1)(a) under s. 106.52 (3) (a) 1.
(1)(c) "Consumer goodsConsumer goods"Consumer goods" means goods that are packaged by the product's manufacturer or distributor with a universal product code and that are used or intended for use primarily for personal, family, or household purposes.Wis. Stat. § 100.303(1)(c)" means goods that are packaged by the product's manufacturer or distributor with a universal product code and that are used or intended for use primarily for personal, family, or household purposes.
(1)(d) "Dynamic price gougingDynamic price gouging"Dynamic price gouging" means using any computational system or model, including artificial intelligence or machine learning, that processes consumer data to establish a customized price for a specific consumer at which a consumer good is offered or sold to that consumer.Wis. Stat. § 100.303(1)(d)" means using any computational system or model, including artificial intelligence or machine learning, that processes consumer dataConsumer data"Consumer data" means any of the following: 1. Any information related to a consumer that is purchased or otherwise acquired from a data broker, as defined in s. 757.07 (1) (a). 2. Any information that is capable of being associated with a particular consumer through one or more identifiers or other information or circumstances and that relates to the consumer's behavior, characteristics, or other personal attributes if the information is obtained in any of the following ways: a. By means of online or in-person surveillance technology. b. By using a fully automated system to extract and download data from social media platforms and other online sources. c. By acquiring the information without the consumer's consent. 3. Any information related to a consumer that is a prohibited basis of discrimination against the consumer under s. 106.52 (3) (a) 1.Wis. Stat. § 100.303(1)(b) to establish a customized price for a specific consumerConsumer"Consumer" means an individual located in this state.Wis. Stat. § 100.303(1)(a) at which a consumerConsumer"Consumer" means an individual located in this state.Wis. Stat. § 100.303(1)(a) good is offered or sold to that consumerConsumer"Consumer" means an individual located in this state.Wis. Stat. § 100.303(1)(a).
(1)(e) "Retail sellerRetail seller"Retail seller" means a person that sells consumer goods, whether in-person or online, to consumers primarily for personal, family, or household use and not for resale.Wis. Stat. § 100.303(1)(e)" means a person that sells consumer goodsConsumer goods"Consumer goods" means goods that are packaged by the product's manufacturer or distributor with a universal product code and that are used or intended for use primarily for personal, family, or household purposes.Wis. Stat. § 100.303(1)(c), whether in-person or online, to consumersConsumer"Consumer" means an individual located in this state.Wis. Stat. § 100.303(1)(a) primarily for personal, family, or household use and not for resale.
This subsection establishes the five defined terms that govern the bill's scope. The key definitional choice is the breadth of consumer data, which encompasses data broker purchases, surveillance-obtained behavioral data, automated web scraping, data acquired without consent, and any information constituting a prohibited basis of discrimination under Wisconsin's open housing law (Wis. Stat. § 106.52). Dynamic price gouging is defined functionally — any computational system, including AI, that processes consumer data to set a customized price for a specific consumer. Consumer goods is narrowed to UPC-packaged goods for personal, family, or household use.
(2) 1 A retail sellerRetail seller"Retail seller" means a person that sells consumer goods, whether in-person or online, to consumers primarily for personal, family, or household use and not for resale.Wis. Stat. § 100.303(1)(e) may not offer or sell a consumerConsumer"Consumer" means an individual located in this state.Wis. Stat. § 100.303(1)(a) good at a price established in whole or in part through dynamic price gougingDynamic price gouging"Dynamic price gouging" means using any computational system or model, including artificial intelligence or machine learning, that processes consumer data to establish a customized price for a specific consumer at which a consumer good is offered or sold to that consumer.Wis. Stat. § 100.303(1)(d).
This subsection contains the bill's sole operative prohibition: retail sellers may not offer or sell consumer goods at a price established in whole or in part through dynamic price gouging. The phrase "in whole or in part" is significant — a blended pricing model where algorithmic personalization is only one input still triggers the prohibition. The prohibition applies to both offering and selling, meaning even listing a dynamically gouged price without completing a sale violates the statute.
(3) If a retail sellerRetail seller"Retail seller" means a person that sells consumer goods, whether in-person or online, to consumers primarily for personal, family, or household use and not for resale.Wis. Stat. § 100.303(1)(e) violates sub. (2), the department or, after consulting with the department, the department of justice may do any of the following:
(3)(a) Issue to the retail sellerRetail seller"Retail seller" means a person that sells consumer goods, whether in-person or online, to consumers primarily for personal, family, or household use and not for resale.Wis. Stat. § 100.303(1)(e) a warning notice specifying the action that the retail sellerRetail seller"Retail seller" means a person that sells consumer goods, whether in-person or online, to consumers primarily for personal, family, or household use and not for resale.Wis. Stat. § 100.303(1)(e) is required to take in order not to be in violation of sub. (2).
(3)(b) Commence an action against the retail sellerRetail seller"Retail seller" means a person that sells consumer goods, whether in-person or online, to consumers primarily for personal, family, or household use and not for resale.Wis. Stat. § 100.303(1)(e) in the name of the state to recover a civil forfeiture of not more $10,000 or to temporarily or permanently restrain or enjoin the retail sellerRetail seller"Retail seller" means a person that sells consumer goods, whether in-person or online, to consumers primarily for personal, family, or household use and not for resale.Wis. Stat. § 100.303(1)(e) from violating sub. (2), or both.
Enforcement is exclusively agency-driven. The Department of Agriculture, Trade and Consumer Protection (DATCP) may act directly; the Department of Justice may act only after consulting with DATCP. Enforcement options are graduated: the agencies may issue a warning notice specifying required corrective action, or they may commence a civil action for a forfeiture of up to $10,000, injunctive relief (temporary or permanent), or both. No private right of action is created.