Senate Bill S2404

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2404
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer 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-e to read as follows:
   §  390-E.  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, THE FOLLOWING TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A) "ELECTRONIC  DEVICE" SHALL MEAN ANY CELL PHONE AS DEFINED BY PARA-
 GRAPH  (B)  OF    THIS SUBDIVISION, PERSONAL DIGITAL ASSISTANT, HANDHELD
 DEVICE WITH  MOBILE  DATA  ACCESS,  LAPTOP  COMPUTER,  PAGER,  BROADBAND
 PERSONAL  COMMUNICATION  DEVICE,  TWO-WAY MESSAGING   DEVICE, ELECTRONIC
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00884-01-3
              

 S. 2404                             2
 
 GAME, OR PORTABLE COMPUTING DEVICE, OR ANY OTHER ELECTRONIC DEVICE  WHEN
 USED TO INPUT, WRITE, SEND, RECEIVE, OR READ TEXT FOR  PRESENT OR FUTURE
 COMMUNICATION.
   (B) "CELL PHONE" SHALL MEAN THE DEVICE USED BY  SUBSCRIBERS  AND OTHER
 USERS OF WIRELESS TELEPHONE SERVICE TO ACCESS SUCH SERVICE.
   (C)  "WIRELESS  TELEPHONE  SERVICE" SHALL MEAN TWO-WAY REAL TIME VOICE
 TELECOMMUNICATIONS SERVICE THAT IS INTERCONNECTED TO A  PUBLIC  SWITCHED
 TELEPHONE  NETWORK AND IS PROVIDED BY A COMMERCIAL MOBILE RADIO SERVICE,
 AS SUCH TERM IS DEFINED BY 47 C.F.R. § 20.3.
   (D) "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.