AI Frontier Institute

Surveillance-based Price Discrimination Act

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New Mexico SB 223 (2026) was introduced but not enacted; the record shows it was sent to committee referrals and postponed indefinitely. If enacted, it would create the "Surveillance-Based Price Discrimination Act" (Section 1). Section 3(A) would bar any person from surveillance-based price discrimination, defined in Section 2(H) as offering or setting an individualized price for a specific consumer or group based in whole or in part on personal information. Section 3(B) would provide that a person has not engaged in it if it can show differential prices are justified by cost differences, reflect discounts offered to all consumers on equal terms (such as for military, veterans, teachers, students or seniors, based on information the consumer voluntarily provides), or the person is an insurer. Section 3(C) would exempt refusals to extend credit or transact based on a consumer report under the federal Fair Credit Reporting Act. Section 3(D) would exempt use of properly de-identified data, subject to safeguards, a public commitment and contractual flow-down. Section 3(E) would require the attorney general to adopt rules to implement and enforce the act. Under Section 4, violations would be unfair or deceptive trade practices under the Unfair Practices Act. The attorney general or a district attorney could sue for civil penalties of up to $10,000 per willful violation, with each transaction a separate violation, and would recover costs and attorney fees if successful. Section 4(F) would give aggrieved persons, individually or as a group, a private right of action for injunctive relief, damages, costs and attorney fees. Recovery would be the greater of actual damages plus 8% prejudgment interest, $3,000 per violation, or treble actual damages on clear and convincing evidence of bad faith or intentional violation. The title mentions automated systems in price decisions, but the operative text in this source does not separately address them.

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