S T A T E O F N E W Y O R K
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2539
2025-2026 Regular Sessions
I N S E N A T E
January 21, 2025
___________
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-f to read as follows:
§ 390-F. 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.
LBD03977-02-5
S. 2539 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.