2026 -- H 7849

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LC005691

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS --

FILING OF TRADE NAME

     Introduced By: Representative Alex D. Marszalkowski

     Date Introduced: February 27, 2026

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 6 of the General Laws entitled "COMMERCIAL LAW — GENERAL

REGULATORY PROVISIONS" is hereby amended by adding thereto the following chapter:

CHAPTER 13.4

SURVEILLANCE PRICING AND ONLINE RETAILING

     6-13.4-1. Definitions.

     As used in this chapter:

     (1) "Algorithmic price increase" means any act of charging a price for a good or service

that is higher than the seller's baseline price where:

     (i) The seller uses an automated algorithm, artificial intelligence, or other data processing

system; and

     (ii) The price is determined by, or materially influenced by, personal data tied to or

reasonably identifiable to an individual consumer, including but not limited to geolocation, device

identifiers, browsing or purchase history, demographics, or past purchases.

     (2) "Baseline price" means the price the seller would charge for the same good or service

at the same point in time under a uniform pricing policy that does not incorporate individualized

personal data analysis.

     (3) "Personal data" has the meaning given in § 6-48.1-2 and includes any information that

identifies or could reasonably be linked to a specific consumer or device.

     (4) "Online retailer" means any person or entity selling goods or services through an

internet website, mobile application, or other digital platform.

     (5) "Price decrease" means any reduction below the seller's baseline price, including

discounts, promotions, volume pricing, loyalty rewards, or time-limited offers.

     6-13.4-2. Prohibition.

     (a) No online retailer operating or offering goods or services for sale in this state shall

knowingly apply an algorithmic price increase in the sale of goods or services to consumers in

Rhode Island.

     (b) This prohibition does not restrict:

     (1) Price decreases as defined in § 6-13.4-1;

     (2) Dynamic pricing based on general market conditions, inventory, time-of-day, or other

factors not incorporating individualized personal data; or

     (3) Pricing practices otherwise permitted under federal law.

     6-13.4-3. Transparency notice.

     (a) When a price offered to a consumer is influenced by personal data in a manner not

prohibited by § 16-13.4-2, the online retailer shall display a clear and conspicuous disclosure near

the price stating:

     "THIS PRICE MAY BE INFLUENCED BY DYNAMIC PRICING FACTORS SUCH AS

MARKET CONDITIONS, INVENTORY OR TIMING OF SALE."

     (b) This disclosure is not required when the price offered is a price decrease.

     6-13.4-4. Enforcement.

     (a) A violation of this chapter shall constitute a deceptive trade practice prohibited pursuant

to § 6-13.1-2.

     (b) The attorney general may enforce this chapter pursuant to the provisions of chapter 13.1

of title 6 (Rhode Island deceptive trade practices act), including by seeking injunctive relief and

civil penalties.

     6-13.4-5. Civil penalties.

     (a) Violations of this chapter may result in civil penalties of up to one hundred dollars

($100) per violation.

     (b) Each instance of noncompliance shall constitute a separate violation.

     6-13.4-6. Severability.

     If any provision of this chapter is held invalid, the remainder shall remain in effect.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS --

FILING OF TRADE NAME

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     This chapter would create the surveillance pricing and online retailing act that would

prohibit algorithmic price increases for online purchases.

     This act would take effect upon passage.

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