Bill Text: NY A06641 | 2019-2020 | General Assembly | Introduced
Bill Title: Prohibits the use of automated purchasing software to buy large quantities of goods for the purpose of retail resale of such goods.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2020-07-06 - enacting clause stricken [A06641 Detail]
Download: New_York-2019-A06641-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6641 2019-2020 Regular Sessions IN ASSEMBLY March 14, 2019 ___________ Introduced by M. of A. CRESPO, DE LA ROSA, PICHARDO, DILAN, RAMOS, RODRIGUEZ, DAVILA -- read once and referred to the Committee on Consumer Affairs and Protection AN ACT to amend the general business law and the executive law, in relation to automated purchasing software The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding a new section 2 390-d to read as follows: 3 § 390-d. Automated purchasing software; prohibited. 1. For the 4 purposes of this section, the following terms shall have the following 5 meanings: 6 (a) "Automated purchasing software" shall mean any machine, device, 7 computer program or computer software that, on its own or with human 8 assistance, bypasses security measures or access control systems on a 9 retail goods purchasing platform, or other controls or measures on a 10 retail goods purchasing platform, that assist in implementing a limit on 11 the number of any specific item of goods that can be purchased, to 12 purchase any specific item of goods. 13 (b) "Retail goods purchasing platform" shall mean a retail goods 14 purchasing website, application, phone system, or other technology plat- 15 form used to sell goods. 16 2. (a) It shall be unlawful for any person, firm, corporation or other 17 entity to utilize automated purchasing software to purchase goods. 18 (b) It shall be unlawful for any person, firm, corporation or other 19 entity to knowingly resell or offer to resell any item of goods that 20 such person, firm, corporation or other entity knows was obtained using 21 automated purchasing software. 22 3. Any person, firm, corporation or other entity who knowingly 23 utilizes automated purchasing software in order to purchase any item of 24 goods shall be subject to a civil penalty in an amount of no less than EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08400-01-9A. 6641 2 1 five hundred dollars and no more than one thousand five hundred dollars 2 for each such violation and shall forfeit all profits made from the sale 3 of any such unlawfully obtained goods. 4 4. Any person, firm, corporation or other entity who intentionally 5 maintains any interest in or maintains any control of the operation of 6 automated purchasing software to purchase goods shall be subject to a 7 civil penalty in an amount of no less than seven hundred fifty dollars 8 and no more than one thousand five hundred dollars for each such 9 violation and shall forfeit all profits made from the sale of any such 10 unlawfully obtained goods. 11 5. Any person, firm, corporation or other entity who knowingly sells 12 or offers to sell any item of goods that such person, firm, corporation 13 or other entity knows was obtained using automated purchasing software 14 shall be subject to a civil penalty in an amount of no less than five 15 hundred dollars and no more than one thousand five hundred dollars for 16 each such violation and shall forfeit all profits made from the sale of 17 any such unlawfully obtained goods. 18 6. Any person who is subject to a civil penalty under this section and 19 has been assessed a penalty under this section in the previous three 20 years shall be guilty of a violation and may be fined no less than one 21 thousand dollars and no more than five thousand dollars for each such 22 violation and shall forfeit all profits from the sale of any such unlaw- 23 fully obtained goods. In addition, a person convicted of a violation 24 under this section may be required to forfeit any and all equipment used 25 in the unlawful purchasing of goods. 26 7. The consumer protection division of the department of state shall 27 receive, compile and forward to the attorney general complaints of 28 violations of the provisions of this section. 29 8. The attorney general shall have jurisdiction to enforce the 30 provisions of this section. 31 9. Any aggrieved party that has been injured by wrongful conduct 32 prescribed by this section may bring an action to recover all actual 33 damages suffered as a result of any of such wrongful conduct. The court 34 in its discretion may award damages up to three times the amount of 35 actual damages. The court may enjoin the respondent from any and all 36 activity prohibited under this section. The court may also award reason- 37 able attorney's fees and costs. 38 § 2. Subdivision 3 of section 94-a of the executive law is amended by 39 adding a new paragraph 13-a to read as follows: 40 (13-a) receive, compile and forward to the attorney general complaints 41 of violations of section three hundred ninety-d of the general business 42 law prohibiting the use of automated purchasing software; 43 § 3. This act shall take effect on the ninetieth day after it shall 44 have become a law.