In one paragraph
New Jersey's S3268 would make it an unlawful practice under the Consumer Fraud Act for a person selling goods or services at retail, or at a place of public accommodation, to use a biometric surveillance system (facial or other remote biometric recognition software) on a consumer, except for a legitimate safety purpose. Introduced February 2, 2026.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
Retailers and venues would have to stop using facial or biometric recognition on customers unless for a legitimate safety purpose, or face Consumer Fraud Act penalties.
Key provisions
- Sec. 1a: Use of a biometric surveillance system on a consumer by a retail seller or place of public accommodation is an unlawful practice under the Consumer Fraud Act (C.56:8-1 et seq.), unless for a legitimate safety purpose.
- Sec. 1b: 'Legitimate safety purpose' is any purpose reasonably likely to reduce the risk to the life or safety of any person.
- Sec. 1b: 'Place of public accommodation' includes any place open to the public offering goods or services, including entertainment or sports venues.
- Sec. 1b: 'Facial recognition' includes logging facial, head or body characteristics to infer emotion, associations, activities or location.
- Statement: penalties up to $10,000 for a first offense and $20,000 for later ones, plus cease and desist orders, punitive and treble damages.
- Sec. 2: Takes effect immediately.
Latest legislative action
Feb 2, 2026. Introduced in the Senate, Referred to Senate Law and Public Safety Committee
Sponsors (showing 5 of 7)
| Name | Role |
|---|---|
| Beck, Jennifer | Primary |
| Corrado, Kristin M. | Primary |
| Diegnan, Patrick J. | Primary |
| Gill, Nia H. | Primary |
| Steinhardt, Douglas J. | Primary |
Topics and industries
Related topics
Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error