Bill Text: NY S00272 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires retailers to post warning signs of the tracking of customers through cell phones or other electronic devices; provides for civil penalties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-06-03 - COMMITTED TO RULES [S00272 Detail]

Download: New_York-2021-S00272-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           272

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection

        AN ACT to amend the general  business  law,  in  relation  to  requiring
          retailers  to  post warning signs of the tracking of customers through
          cell phones or other electronic devices

          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.  Posting  of  warning  signs by retailers tracking customers
     4  through cell phones or other electronic devices. 1.  Any  retailer  that
     5  tracks a customer by use of the customer's cell phone or any other elec-
     6  tronic  device  while  the  customer  is  in  their  establishment shall
     7  conspicuously post a warning sign at each entrance indicating that  such
     8  retailer  performs  such  tracking. Such warning sign shall also provide
     9  information for customers who wish to opt out of the tracking.
    10    2. Any retailer that violates this section shall be subject to a civil
    11  penalty of not more than one hundred dollars for  the  first  violation,
    12  not  more  than  two hundred fifty dollars for the second violation, and
    13  not more than five hundred dollars for each  violation  thereafter.  The
    14  provisions  of  subdivision  one of this section may be enforced concur-
    15  rently by the director of a municipal consumer affairs office, or by the
    16  town attorney, city corporation counsel, or other lawful designee  of  a
    17  municipality  or  local  government, and all moneys collected thereunder
    18  shall be retained by such municipality or local government.
    19    3. For purposes of this section "tracking" includes, but is not limit-
    20  ed to, situations where retailers track a person's  movement  throughout
    21  the  establishment  for  purposes of storing or selling such information
    22  pertaining to such person. "Tracking" does not include the use of  elec-
    23  tronic devices that are not unique to a particular person.
    24    §  2.  This  act shall take effect on the ninetieth day after it shall
    25  have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00449-01-1