What's happening
This bill requires retailers to post warning signs if they track customers via cell phones or electronic devices, and imposes penalties for violations.
Why it matters
Strengthens consumer privacy and transparency. by ensuring customers are explicitly notified when their movements or behaviors are being tracked via personal electronic devices inside retail stores.
Empowers customers with opt-out information. , requiring that posted signs tell shoppers how they can decline to be tracked, which supports individual choice regarding data collection.
Creates financial incentives for compliance. through escalating civil penalties for retailers who fail to post required warnings, which may encourage better adherence to privacy practices.
Clarifies the definition of "tracking". to focus on monitoring tied to individual devices and persons, while excluding generic, non-person-specific electronic monitoring—potentially impacting how retailers design and justify their in-store analytics systems.
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Who cares
Headline styles
Post Phone Tracking Warnings
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to consumer affairs and protection
- Referred to consumer affairs and protection
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4719
2017-2018 Regular Sessions
IN ASSEMBLY
February 3, 2017
Introduced by M. of A. ROSENTHAL, GOTTFRIED, ENGLEBRIGHT, ABINANTI -read once and referred to the Committee on Consumer Affairs and 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 Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new section 390-d to read as follows:
§ 390-d. Posting of warning signs by retailers tracking customers through cell phones or other electronic devices. 1. Any retailer that tracks a customer by use of the customer's cell phone or any other electronic device while the customer is in their establishment shall conspicuously post a warning sign at each entrance indicating that such retailer performs such tracking. Such warning sign shall also provide information for customers who wish to opt out of the tracking.
2. Any retailer that violates this section shall be subject to a civil penalty of not more than one hundred dollars for the first violation, not more than two hundred fifty dollars for the second violation, and not more than five hundred dollars for each violation thereafter. The provisions of subdivision one of this section may be enforced concurrently by the director of a municipal consumer affairs office, or by the town attorney, city corporation counsel, or other lawful designee of a municipality or local government, and all moneys collected thereunder shall be retained by such municipality or local government.
3. For purposes of this section "tracking" includes, but is not limited to, situations where retailers track a person's movement throughout the establishment for purposes of storing or selling such information pertaining to such person. "Tracking" does not include the use of electronic devices that are not unique to a particular person.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05413-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.