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)–(j) "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. (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. (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). (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. (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. (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). (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). (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). (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). (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) establishes the defined terms for the entire section. Key definitions include algorithm (expressly encompassing AI, large-language model prediction, and machine learning systems), consumer data (covering both broker/online-sourced behavioral data and surveillance data from sensors and cameras), grocery retailer (limited to retailers deriving more than 50% of annual revenue from packaged food products), and personalized algorithmic pricing (pricing generated by an algorithm based on real-time consumer data processing, excluding loyalty programs and broadly offered promotions).
(2)(a)(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)(2) 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) 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 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) 4 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 four distinct restrictions on grocery retailers' use of personalized algorithmic pricing for essential consumer goods. The first restriction is a disclosure-or-prohibition hybrid: a grocery retailer may use personalized algorithmic pricing only if the price is accompanied by a prescribed verbatim statement in the same size, format, color, and field of vision as the price. The second restriction categorically prohibits in-store electronic displays of algorithmically personalized prices. The third restriction prohibits algorithmic pricing that results in price variation based on protected characteristics including sex, race, disability, and national origin. The fourth restriction bars grocery retailers from purchasing or acquiring personal information from data brokers for pricing purposes.
The in-store electronic display ban in subdivision (a)(2) is notable because it goes beyond a disclosure requirement — no amount of labeling cures the prohibition. This effectively confines personalized algorithmic pricing to non-electronic contexts (e.g., online ordering, app-based pricing) where the disclosure obligation under subdivision (a)(1) can be satisfied.
(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 a multi-track enforcement framework. Civil forfeitures of up to $1,000 per violation apply generally, rising to a mandatory minimum of $1,000 and maximum of $2,000 for knowing violations. DATCP and the Department of Justice may investigate violations using subpoena power and civil investigative demands. DATCP, DOJ, or a district attorney may bring enforcement actions seeking injunctions, restitution, and forfeiture penalties. A separate private right of action permits any aggrieved person to sue for damages, with mandatory recovery of reasonable attorney fees and costs and discretionary equitable relief.
(4) The department may promulgate rules to administer and enforce this section.
Subsection (4) grants the Department of Agriculture, Trade and Consumer Protection discretionary authority to promulgate rules to administer and enforce the section's provisions. This is a standard delegation of regulatory authority and creates no independent compliance obligation on grocery retailers.