Sherrill targets 'price gouging'

Online retail tactic may soon be illegal in state

By: Katie Sobko
NorthJersey.com
USA Today Network - New Jersey

..... In her first budget address, Governor Mikie Sherrill took aim at surveillance pricing, a common approach taken by retailers that uses consumers' personal Online data to set prices for merchandise and services.
..... Sherrill noted in her March 10 [2026] speech that everything form rent to groceries can fall victim to the practice and that she supports legislation "limiting this kind of for profit surveillance by big Tech."
..... The governor took the conversation on surveillance pricing a step further on March 11 [2026] by hosting a discussion on the topic in Rochelle Park. She showed support for legislation introduced by state Senators Joe Lagana and Joe Cryen that would seek to limit that practice.
..... "Surveillance pricing uses people's personal data - such as browsing history, location, and even characteristics like gender - to track customers raise retail prices and maximize corporate profits. this is price gouging, and it's outrageous," Sherrill said. "These predatory practices are hurting New Jerseyans' wallets and undermining the ability of small businesses to compete effectively."
..... The bill has not yet been heard in committee, but with state Senate President Nick Scutari listed as a co-sponsor, it will likely be presented at some point in the coming months.
..... It would prohibit businesses from using personal data to set prices for merchandise or services. In this case, merchandise would be "any object, wares, goods, commodities, services, and anything offered, directly or indirectly, to the public for sale" and services would be "any activity which is performed, in whole or in part, for the purpose of financial gain, including but not limited to sale, rental, leasing and licensing for sue."
..... Businesses would not be allowed to sue personalized algorithmic pricing surveillance pricing or any pricing strategy that changes the cost of an item or service based on personal data.
..... Violations would be considered consumer fraud and face a fine of $10,000 for a first offense and $20,000 for any subsequent offense.
..... Businesses would still be allowed to provide discounts, promotional prices and loyalty program benefits.

What has business sector said?

..... It remains to be seen how the business community will respond to the legislation or whether it will be amended during the process.
..... Christopher Emigholz, chief government affairs officer of the New Jersey Business & Industry Association, said members of his group are looking forward to discussions with lawmakers because they are "still looking into the policy and the bill."
..... "We do want to ensure that whatever polices are being discussed that New Jersey does not become an outlier in terms of being competitive with other states, and we also want to make sure we're not stunting innovation or efficiencies for our businesses," he said.

..... Katie Sobko covers the New Jersey Statehouse. Email sobko@northjersy.com

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