2025 - 2026 LEGISLATURE
LRBs0581/1
ARG:emw&cjs
SENATE SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 1027
March 17, 2026 - Offered by Senators Roys, Carpenter, Dassler-Alfheim, Drake, Habush Sinykin, Hesselbein, L. Johnson, Keyeski, Larson, Pfaff, Ratcliff, Smith, Spreitzer, Wall and Wirch.
AB1027-SSA1,1,2
1An Act to create 100.303 of the statutes; relating to: prohibiting retail
2dynamic price gouging of consumer goods and providing a penalty. Analysis by the Legislative Reference Bureau
This bill prohibits the use of dynamic price gouging in the retail sale of consumer goods.
The bill defines “dynamic price gouging” as using any computational system or model, including artificial intelligence, that processes consumer data to establish a customized price for a specific consumer. “Consumer data” means information 1) purchased from a data broker; 2) capable of being associated with a particular consumer that relates to the consumer’s behavior, characteristics, or other personal attributes and that is obtained by online or in-person surveillance, by using automated systems such as Internet scraping or crawling, or without the consumer’s consent; or 3) related to a consumer that is a prohibited basis of discrimination, such as the consumer’s race, national origin, or sex.
The bill prohibits a retail seller from offering or selling a consumer good at a price established in whole or in part through dynamic price gouging. A “retail seller” is a person that sells consumer goods, whether in-person or online, to consumers primarily for personal, family, or household use. “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. If a retail seller violates this prohibition, the Department of Agriculture, Trade and Consumer Protection or the Department of Justice may issue a warning notice or commence an action against the retail seller for a civil forfeiture of up to $10,000 or injunctive relief or both.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB1027-SSA1,1
1Section 1. 100.303 of the statutes is created to read: AB1027-SSA1,2,32100.303 Prohibiting certain pricing practices in the sale of consumer 3goods. (1) Definitions. In this section: AB1027-SSA1,2,44(a) “Consumer” means an individual located in this state. AB1027-SSA1,2,55(b) “Consumer data” means any of the following: AB1027-SSA1,2,761. Any information related to a consumer that is purchased or otherwise 7acquired from a data broker, as defined in s. 757.07 (1) (a). AB1027-SSA1,2,1182. Any information that is capable of being associated with a particular 9consumer through one or more identifiers or other information or circumstances 10and that relates to the consumer’s behavior, characteristics, or other personal 11attributes if the information is obtained in any of the following ways: AB1027-SSA1,2,1212a. By means of online or in-person surveillance technology. AB1027-SSA1,2,1413b. By using a fully automated system to extract and download data from social 14media platforms and other online sources. AB1027-SSA1,2,1515c. By acquiring the information without the consumer’s consent. AB1027-SSA1,2,17163. Any information related to a consumer that is a prohibited basis of 17discrimination against the consumer under s. 106.52 (3) (a) 1. AB1027-SSA1,3,218(c) “Consumer goods” means goods that are packaged by the product’s
1manufacturer or distributor with a universal product code and that are used or 2intended for use primarily for personal, family, or household purposes. AB1027-SSA1,3,63(d) “Dynamic price gouging” means using any computational system or model, 4including artificial intelligence or machine learning, that processes consumer data 5to establish a customized price for a specific consumer at which a consumer good is 6offered or sold to that consumer. AB1027-SSA1,3,97(e) “Retail seller” means a person that sells consumer goods, whether in-8person or online, to consumers primarily for personal, family, or household use and 9not for resale. AB1027-SSA1,3,1210(2) Dynamic price gouging prohibited. A retail seller may not offer or sell 11a consumer good at a price established in whole or in part through dynamic price 12gouging. AB1027-SSA1,3,1513(3) Enforcement; penalty. If a retail seller violates sub. (2), the department 14or, after consulting with the department, the department of justice may do any of 15the following: AB1027-SSA1,3,1716(a) Issue to the retail seller a warning notice specifying the action that the 17retail seller is required to take in order not to be in violation of sub. (2). AB1027-SSA1,3,2018(b) Commence an action against the retail seller in the name of the state to 19recover a civil forfeiture of not more $10,000 or to temporarily or permanently 20restrain or enjoin the retail seller from violating sub. (2), or both. AB1027-SSA1,3,2322(1) This act takes effect on the first day of the 4th month beginning after 23publication.
