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) "AlgorithmAlgorithm"Algorithm" means a computational process or model that uses a set of rules to define a sequence of operation, including artificial intelligence systems, large-language model prediction systems, and machine learning systems.Wis. Stat. § 100.309(1)(a)" means a computational process or model that uses a set of rules to define a sequence of operation, including artificial intelligence systems, large-language model prediction systems, and machine learning systems.
(1)(b) "Consumer dataConsumer data"Consumer data" means any of the following: 1. Data collected from a data broker, an online source, or directly from a consumer about a consumer's behavior, characteristics, or other personal attributes. 2. Surveillance data collected by means of sensors, cameras, or other devices or methods about a consumer's behavior, characteristics, or other personal attributes.Wis. Stat. § 100.309(1)(b)" means any of the following: 1. Data collected from a data brokerData broker"Data broker" has the meaning given in s. 757.07 (1) (a).Wis. Stat. § 100.309(1)(c), an online source, or directly from a consumer about a consumer's behavior, characteristics, or other personal attributes. 2. Surveillance data collected by means of sensors, cameras, or other devices or methods about a consumer's behavior, characteristics, or other personal attributes.
(1)(c) "Data brokerData broker"Data broker" has the meaning given in s. 757.07 (1) (a).Wis. Stat. § 100.309(1)(c)" has the meaning given in s. 757.07 (1) (a).
(1)(d) "Essential consumer goodsEssential consumer goods"Essential consumer goods" means packaged foods products, personal care products, household paper products, household cleaning products, and other products regularly used by individuals within a household for their hygiene or personal maintenance.Wis. Stat. § 100.309(1)(d)" means packaged foods products, personal care productsPersonal care product"Personal care product" has the meaning given in s. 299.50 (1) (b).Wis. Stat. § 100.309(1)(i), household paper products, household cleaning products, and other products regularly used by individuals within a household for their hygiene or personal maintenance.
(1)(e) "Food productFood product"Food product" has the meaning given in s. 93.01 (6), but includes only products that are exempt from taxation under s. 77.54.Wis. Stat. § 100.309(1)(e)" has the meaning given in s. 93.01 (6), but includes only products that are exempt from taxation under s. 77.54.
(1)(f) "Grocery retailerGrocery retailer"Grocery retailer" means a retail seller of essential consumer goods in this state that generates more than 50 percent of its annual revenue from the sale of packaged food products.Wis. Stat. § 100.309(1)(f)" means a retail seller of essential consumer goodsEssential consumer goods"Essential consumer goods" means packaged foods products, personal care products, household paper products, household cleaning products, and other products regularly used by individuals within a household for their hygiene or personal maintenance.Wis. Stat. § 100.309(1)(d) in this state that generates more than 50 percent of its annual revenue from the sale of packaged food productsFood product"Food product" has the meaning given in s. 93.01 (6), but includes only products that are exempt from taxation under s. 77.54.Wis. Stat. § 100.309(1)(e).
(1)(g) "Grocery storeGrocery store"Grocery store" means a retail store located in this state that is at least 15,000 square feet in size and that is operated by a grocery retailer.Wis. Stat. § 100.309(1)(g)" means a retail store located in this state that is at least 15,000 square feet in size and that is operated by a grocery retailerGrocery retailer"Grocery retailer" means a retail seller of essential consumer goods in this state that generates more than 50 percent of its annual revenue from the sale of packaged food products.Wis. Stat. § 100.309(1)(f).
(1)(h) "Personal informationPersonal information"Personal information" has the meaning given in s. 134.98 (1) (b).Wis. Stat. § 100.309(1)(h)" has the meaning given in s. 134.98 (1) (b).
(1)(i) "Personal care productPersonal care product"Personal care product" has the meaning given in s. 299.50 (1) (b).Wis. Stat. § 100.309(1)(i)" has the meaning given in s. 299.50 (1) (b).
(1)(j) "Personalized algorithmic pricingPersonalized algorithmic pricing"Personalized algorithmic pricing" means pricing established by an algorithm that generates fluctuating prices for consumers based on real-time processing of consumer data. "Personalized algorithmic pricing" does not include price adjustments resulting from promotions, loyalty programs, or other temporary discounts broadly offered to attract or retain customers.Wis. Stat. § 100.309(1)(j)" means pricing established by an algorithmAlgorithm"Algorithm" means a computational process or model that uses a set of rules to define a sequence of operation, including artificial intelligence systems, large-language model prediction systems, and machine learning systems.Wis. Stat. § 100.309(1)(a) that generates fluctuating prices for consumers based on real-time processing of consumer dataConsumer data"Consumer data" means any of the following: 1. Data collected from a data broker, an online source, or directly from a consumer about a consumer's behavior, characteristics, or other personal attributes. 2. Surveillance data collected by means of sensors, cameras, or other devices or methods about a consumer's behavior, characteristics, or other personal attributes.Wis. Stat. § 100.309(1)(b). "Personalized algorithmic pricingPersonalized algorithmic pricing"Personalized algorithmic pricing" means pricing established by an algorithm that generates fluctuating prices for consumers based on real-time processing of consumer data. "Personalized algorithmic pricing" does not include price adjustments resulting from promotions, loyalty programs, or other temporary discounts broadly offered to attract or retain customers.Wis. Stat. § 100.309(1)(j)" does not include price adjustments resulting from promotions, loyalty programs, or other temporary discounts broadly offered to attract or retain customers.
Subsection (1) defines the key terms used throughout the section. Personalized algorithmic pricing is defined as algorithm-generated fluctuating prices based on real-time processing of consumer data, but expressly excludes promotions, loyalty programs, and temporary discounts. The definition of algorithm is notably broad, encompassing AI systems, large-language model prediction systems, and machine learning systems. Grocery retailer is limited to sellers generating more than 50 percent of annual revenue from packaged food products, and grocery store requires a minimum 15,000-square-foot footprint.
(2)(a)(1)–(2) 1 1. Subject to subd. 2., a grocery retailerGrocery retailer"Grocery retailer" means a retail seller of essential consumer goods in this state that generates more than 50 percent of its annual revenue from the sale of packaged food products.Wis. Stat. § 100.309(1)(f) may not advertise, offer, or sell to a consumer any essential consumer good at a price that is established in whole or in part through the use of personalized algorithmic pricingPersonalized algorithmic pricing"Personalized algorithmic pricing" means pricing established by an algorithm that generates fluctuating prices for consumers based on real-time processing of consumer data. "Personalized algorithmic pricing" does not include price adjustments resulting from promotions, loyalty programs, or other temporary discounts broadly offered to attract or retain customers.Wis. Stat. § 100.309(1)(j) unless the price is accompanied by the following disclosure in the same size, format, color, and field of vision as the price: "This price was set by an algorithmAlgorithm"Algorithm" means a computational process or model that uses a set of rules to define a sequence of operation, including artificial intelligence systems, large-language model prediction systems, and machine learning systems.Wis. Stat. § 100.309(1)(a) using personal data." 2. A grocery retailerGrocery retailer"Grocery retailer" means a retail seller of essential consumer goods in this state that generates more than 50 percent of its annual revenue from the sale of packaged food products.Wis. Stat. § 100.309(1)(f) may not electronically display in a grocery storeGrocery store"Grocery store" means a retail store located in this state that is at least 15,000 square feet in size and that is operated by a grocery retailer.Wis. Stat. § 100.309(1)(g), within the same field of vision as an essential consumer good, a price for the essential consumer good that is established in whole or in part through the use of personalized algorithmic pricingPersonalized algorithmic pricing"Personalized algorithmic pricing" means pricing established by an algorithm that generates fluctuating prices for consumers based on real-time processing of consumer data. "Personalized algorithmic pricing" does not include price adjustments resulting from promotions, loyalty programs, or other temporary discounts broadly offered to attract or retain customers.Wis. Stat. § 100.309(1)(j).
(2)(b) 2 A grocery retailerGrocery retailer"Grocery retailer" means a retail seller of essential consumer goods in this state that generates more than 50 percent of its annual revenue from the sale of packaged food products.Wis. Stat. § 100.309(1)(f) may not engage in personalized algorithmic pricingPersonalized algorithmic pricing"Personalized algorithmic pricing" means pricing established by an algorithm that generates fluctuating prices for consumers based on real-time processing of consumer data. "Personalized algorithmic pricing" does not include price adjustments resulting from promotions, loyalty programs, or other temporary discounts broadly offered to attract or retain customers.Wis. Stat. § 100.309(1)(j) that results in any essential consumer good being advertised, offered, or sold to a consumer at a price that can vary based in whole or in part on the consumer's sex, race, color, creed, disability, sexual orientation, national origin, or ancestry.
(2)(c) 3 A grocery retailerGrocery retailer"Grocery retailer" means a retail seller of essential consumer goods in this state that generates more than 50 percent of its annual revenue from the sale of packaged food products.Wis. Stat. § 100.309(1)(f) may not purchase or otherwise acquire from a data brokerData broker"Data broker" has the meaning given in s. 757.07 (1) (a).Wis. Stat. § 100.309(1)(c) personal informationPersonal information"Personal information" has the meaning given in s. 134.98 (1) (b).Wis. Stat. § 100.309(1)(h) about a consumer for purposes related to the pricing of any essential consumer good advertised, offered, or sold to the consumer.
Subsection (2) imposes three distinct categories of restrictions on grocery retailers' use of personalized algorithmic pricing for essential consumer goods. The first obligation permits online or non-in-store personalized algorithmic pricing only if accompanied by the verbatim disclosure "This price was set by an algorithm using personal data" in the same size, format, color, and field of vision as the price — but categorically prohibits electronic in-store display of algorithmically personalized prices regardless of disclosure.
The second obligation prohibits personalized algorithmic pricing that results in price variation based on protected characteristics — sex, race, color, creed, disability, sexual orientation, national origin, or ancestry. The third prohibits grocery retailers from purchasing or acquiring consumer personal information from data brokers for pricing purposes. Together, these provisions create a layered regulatory framework: disclosure-with-prohibition for in-store display, a protected-class anti-discrimination rule, and a data-acquisition restriction.
(3)(a)(1)–(2) 1. Except as provided in subd. 2., any person who violates this section may be required to forfeit not more than $1,000 for each violation. 2. Any person who knowingly violates this section shall be required to forfeit not less than $1,000 nor more than $2,000 for each violation.
(3)(b)(1)–(4) 1. The department or the department of justice may investigate violations of this section. 2. If the department or the department of justice has reason to believe that a person is in possession, custody, or control of any information or documentary material relevant to the enforcement of this section, it may require the person to submit a statement or report, under oath or otherwise, as to the facts and circumstances concerning any activity in the course of trade or commerce; examine the person under oath with respect to any activity in the course of trade or commerce; and execute in writing and cause to be served upon the person a civil investigative demand requiring the person to produce any relevant documentary material for inspection and copying. 3. The department and the department of justice may subpoena persons and require the production of books and other documents, administer oaths, and conduct hearings to aid in any investigation under this paragraph. The department of justice may request the department to aid in the investigation of alleged violations of this section. 4. If a person fails to file any statement or report, or fails to comply with any civil investigative demand, or fails to obey any subpoena issued by the department or department of justice under this paragraph, the person may be coerced as provided in s. 885.12, except that no person is required to furnish any testimony or evidence under this paragraph that might tend to incriminate the person.
(3)(c)(1)–(2) The department or the department of justice, or any district attorney after consulting with the department, may bring an action in a court of competent jurisdiction on behalf of the state for a violation of this section and, upon prevailing, is entitled to any of the following forms of relief: 1. A temporary or permanent injunction. The court may, upon entry of final judgment, award restitution when appropriate to any person suffering loss because of a violation of this section if proof of the loss is submitted to the satisfaction of the court. 2. Imposition of a penalty under par. (a).
(3)(d) In addition to any other remedies, any person aggrieved by a violation of this section may bring a civil action for damages. If the person prevails, the court shall also award the person all costs of the action, including reasonable attorney fees notwithstanding s. 814.04 (1). In such an action, the court may also award any equitable relief that the court determines is appropriate.
Subsection (3) establishes the enforcement framework. Violations are subject to forfeitures of up to $1,000 per violation, escalating to a mandatory $1,000–$2,000 range for knowing violations. Both the Department of Agriculture, Trade and Consumer Protection and the Department of Justice have investigative authority, including subpoena power and civil investigative demands. Enforcement actions may be brought by DATCP, DOJ, or a district attorney, with available relief including injunctions, restitution, and statutory penalties.
Critically, the section also creates a private right of action for any aggrieved person, with mandatory cost and reasonable attorney-fee shifting for prevailing plaintiffs and discretionary equitable relief. This dual-track enforcement — government action plus private suits — provides a robust enforcement mechanism.
(4) The department may promulgate rules to administer and enforce this section.
Subsection (4) grants DATCP authority to promulgate rules to administer and enforce the section. This is a standard delegation of rulemaking authority and creates no independent compliance obligation for grocery retailers.