Assembly Bill A1583

2015-2016 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A1583 (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §390-d, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: A8234
2017-2018: A4719
2019-2020: A597
2021-2022: A589
2023-2024: A1766

2015-A1583 (ACTIVE) - Summary

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

2015-A1583 (ACTIVE) - Bill Text download pdf 

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

                                  1583

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL,  SCHIMEL, 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 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
THE ESTABLISHMENT FOR PURPOSES OF STORING OR  SELLING  SUCH  INFORMATION
PERTAINING  TO SUCH PERSON. "TRACKING" DOES NOT INCLUDE THE USE OF ELEC-
TRONIC DEVICES THAT ARE NOT UNIQUE TO A PARTICULAR PERSON.
  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

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