What's happening
The bill requires retailers who track customers via cell phones or electronic devices to post warning signs and allow opt-outs.
Why it matters
Raises consumer awareness about in-store digital tracking. By requiring visible warning signs, the bill ensures shoppers are informed if their movements are being tracked via their cell phones or other devices, allowing them to make more conscious choices about their privacy.
Empowers individuals with opt-out options. The law mandates that retailers must provide clear information on how customers can opt out of being tracked, giving consumers more direct control over their personal data in retail environments.
Introduces enforceable penalties for non-compliance. The bill creates a structure of escalating civil fines for retailers who fail to comply, incentivizing adherence and giving local governments a means to enforce privacy protections.
Defines the scope of tracking and limits overreach. The legislation clarifies that only tracking tied to a specific individual (not aggregate or anonymous device data) is regulated, focusing the law on personal privacy rather than general business analytics.
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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
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Warn Shoppers About Device Tracking
In Senate Committee · Consumer Protection · Sponsor Zellnor Myrie
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
597
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. L. 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03318-01-9
A. 597 2
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.
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.