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Assembly Bill A4719

2017-2018 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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2017-A4719 (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
2015-2016: A1583
2019-2020: A597
2021-2022: A589
2023-2024: A1766
2025-2026: A1558

2017-A4719 (ACTIVE) - Summary

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

2017-A4719 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4719
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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 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:
   § 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.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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