Carly Rothstein, an Associate in the Firm’s Antitrust and Cybersecurity and Data Privacy practice groups, was recently featured in BINJE discussing New Jersey’s newly enacted Fair Price Protection Act and the steps businesses should take to prepare for compliance.
In the article, “How New Fair Price Protection Act Puts Guardrails on Data-Driven Pricing,” Carly outlines key considerations for retailers, grocery chains, e-commerce platforms, delivery services, and technology providers ahead of the law’s February 1, 2027 effective date.
Signed by Governor Mikie Sherrill, the Fair Price Protection Act restricts certain uses of personal consumer data in determining prices for food and grocery products. The legislation also creates a private right of action under the New Jersey Consumer Fraud Act, establishes penalties for violations, and imposes a one-year moratorium on the installation of new electronic shelf labels.
In the article, Carly encourages businesses to review how consumer data may be used in pricing decisions, evaluate data collection and retention practices, assess loyalty programs and promotional discount structures, and monitor legislative developments in other jurisdictions.
Read the full article at BINJE to learn more about the practical considerations New Jersey businesses should be evaluating before the law takes effect.