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Assembly Bill A8234A

2013-2014 Legislative Session

Requires retailers to post warning signs of the tracking of customers through cell phones or other electronic devices

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2013-A8234 - Details

Current Committee:
Assembly Rules
Law Section:
General Business Law
Laws Affected:
Add §390-d, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: A1583
2017-2018: A4719
2019-2020: A597
2021-2022: A589
2023-2024: A1766
2025-2026: A1558

2013-A8234 - Summary

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

2013-A8234 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8234

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            November 6, 2013
                               ___________

Introduced  by  M. of A. ROSENTHAL, ABINANTI, SCHIMEL, GOTTFRIED, ENGLE-
  BRIGHT -- 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 ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
390-d to read as follows:
  S 390-D. POSTING OF WARNING  SIGNS  BY  RETAILERS  TRACKING  CUSTOMERS
THROUGH  CELL  PHONES  OR OTHER ELECTRONIC DEVICES. 1. ANY RETAILER THAT
TRACKS CUSTOMERS ON THEIR CELL PHONE OR OTHER ELECTRONIC DEVICE WHILE  A
CUSTOMER  IS  IN  THEIR ESTABLISHMENT SHALL CONSPICUOUSLY POST A WARNING
SIGN AT EACH ENTRANCE OF THE USE OF 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 CONCUR-
RENTLY 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 BUSINESSES GAIN ACCESS TO A  PERSON'S  MEDIA  ACCESS
CONTROL  ON  THEIR  CELL  PHONE  OR  OTHER ELECTRONIC DEVICE AND TRACK A
PERSON'S MOVEMENT THROUGHOUT THE ESTABLISHMENT FOR PURPOSES  OF  STORING
OR SELLING SUCH INFORMATION.
  S  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

co-Sponsors

2013-A8234A (ACTIVE) - Details

Current Committee:
Assembly Rules
Law Section:
General Business Law
Laws Affected:
Add §390-d, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: A1583
2017-2018: A4719
2019-2020: A597
2021-2022: A589
2023-2024: A1766
2025-2026: A1558

2013-A8234A (ACTIVE) - Summary

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

2013-A8234A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8234--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            November 6, 2013
                               ___________

Introduced  by  M. of A. ROSENTHAL, ABINANTI, SCHIMEL, GOTTFRIED, ENGLE-
  BRIGHT -- read once and referred to the Committee on Consumer  Affairs
  and Protection -- recommitted to the Committee on Consumer Affairs and
  Protection  in  accordance  with  Assembly Rule 3, sec. 2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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:

  Section 1. The general business law is amended by adding a new section
390-d to read as follows:
  S  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 ELEC-
TRONIC  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 CONCUR-
RENTLY 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 LIMIT-
ED TO, SITUATIONS WHERE RETAILERS TRACK A PERSON'S  MOVEMENT  THROUGHOUT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11678-04-4

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