Senate Bill S2539A

2025-2026 Legislative Session

Requires retailers to post warning signs of the tracking and collecting of customers biometric data through electronic devices

download bill text pdf

Current Bill Status - On Floor Calendar

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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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 04, 2026	amended on third reading 2539c
Mar 17, 2026	amended (t) 2539b
Mar 04, 2026	advanced to third reading
Feb 26, 2026	2nd report cal.
Feb 25, 2026	1st report cal.412
Jan 20, 2026	print number 2539a
Jan 20, 2026	amend (t) and recommit to consumer protection
Jan 07, 2026	referred to consumer protection
Jan 21, 2025	referred to consumer protection

Votes

- Feb 24, 2026 - Consumer Protection Committee Vote
  S2539A
  
  Aye
  
  6
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Consumer Protection Committee Vote: Feb 24, 2026
      
      aye (6)
      
      Bynoe
      
      Canzoneri-Fitzpatrick
      
      Gonzalez
      
      May
      
      Myrie
      
      Ryan
      
      aye wr (1)
      
      Weber

Bill Amendments

Original

C (Active)

2025-S2539 - Details

Law Section:: General Business Law
Laws Affected:: Add §390-f, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3147
2021-2022: S272
2023-2024: S2404

2025-S2539 - Summary

Requires retailers to post warning signs of the tracking and collecting of customers biometric data through electronic devices; provides for civil penalties.

2025-S2539 - Sponsor Memo

                                 
BILL NUMBER: S2539

SPONSOR: MYRIE
 
TITLE OF BILL:

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

 
PURPOSE:

This bill requires businesses to fully disclose the presence of a
customer tracking system within their store and provide a way for
customers to opt out of such tracking.

 
SUMMARY OF PROVISIONS:

Section 1 amends the General Business Law by adding the new section
390-e, which requires retailers to post warning signs within their
establishment regarding tracking customers' movement through their cell-
phones and other electronic devices for purposes of storing or selling
such information. Such warning signs shall also provide information for

customers who wish to opt out of the tracking.  Retailers that do not
comply with this section are subject to a civil penalty of no more than
$100 for the first violation, $250 for the second violation, and not
more than $500 for each additional violation thereafter. All money
collected will be retained by the municipality or local government.

Section 2 provides the effective date.

 
JUSTIFICATION:

Several stores recently reported that they are either experimenting with
or actively using technology that tracks a customer's movement and
actions within the establishment through that individual's cellphone
Wi-Fi system. This data provides the store owners with information on
buying habits, frequency of visits, popularity of different departments,
duration of visits, and other retail metrics.  Wi-Fi sensors are placed
in various locations throughout a store to detect other devices' media
access controls (MAC), or the personal signal emitted when that device
is searching for WI-Fi in the area. Thus, store customers who have
access to the Internet on their electronic devices are automatically
tracked without their knowledge - a sentiment that is inconsistent with
an individual's right to privacy as guaranteed by the 14th Amendment of
the US Constitution. Therefore, such tracking activity must be fully
disclosed as is now standard practice on retailers' websites.

 
LEGISLATIVE HISTORY:

S2404 of 2023-24: Referred to Consumer Protection.

S272A of 2021-22: Committed to Rules.

S3147 of 2019-20: Referred to Consumer Protection.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This bill shall take effect on the ninetieth day after it shall have
become a law.

2025-S2539 - Bill Text download pdf

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

2025-S2539A - Details

Law Section:: General Business Law
Laws Affected:: Add §390-f, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3147
2021-2022: S272
2023-2024: S2404

2025-S2539A - Summary

Requires retailers to post warning signs of the tracking and collecting of customers biometric data through electronic devices; provides for civil penalties.

2025-S2539A - Sponsor Memo

                                 
BILL NUMBER: S2539A

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring
retailers to post warning signs of the tracking of customers through
electronic devices that track, monitor, and collect biometric identifier
information on customers

 
PURPOSE:

This bill requires businesses to fully disclose the presence of a
customer tracking system within their store and provide a way for
customers to opt out of such tracking.

 
SUMMARY OF PROVISIONS:

Section 1 amends the General Business Law by adding the new section
390-e, which requires retailers to post warning signs within their
establishment regarding tracking customers' movement through their cell-
phones and other electronic devices for purposes of storing or selling

such information. Such warning signs shall also provide information for
customers who wish to opt out of the tracking. Makes it unlawful for a
retailer to sell, lease, trade for value any biometric identifier infor-
mation. Retailers that do not comply with this section are subject to a
civil penalty of no more than $100 for the first violation, $250 for the
second violation, and not more than $500 for each additional violation
thereafter. All money collected will be retained by the municipality or
local government.

Section 2 provides the effective date.

 
JUSTIFICATION:

Several stores recently reported that they are either experimenting with
or actively using technology that tracks a customer's movement and
actions within the establishment through that individual's cellphone
Wi-Fi system. This data provides the store owners with information on
buying habits, frequency of visits, popularity of different departments,
duration of visits, and other retail metrics.  Wi-Fi sensors are placed
in various locations throughout a store to detect other devices' media
access controls (MAC), or the personal signal emitted when that device
is searching for Wi-Fi in the area. Thus, store customers who have
access to the Internet on their electronic devices are automatically
tracked without their knowledge - a sentiment that is inconsistent with
an individual's right to privacy as guaranteed by the 14th Amendment of
the US Constitution. Therefore, such tracking activity must be fully
disclosed as is now standard practice on retailers' websites.

 
LEGISLATIVE HISTORY:

S2539 of 2025-26: Referred to Consumer Protection.

S2404 of 2023-24:  Referred to Consumer Protection.

S272A of 2021-22: Committed to Rules.

S3147 of 2019-20: Referred to Consumer Protection.
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:  6sk 1 This bill shall take effect on the ninetieth
day after it shall have become a law.

2025-S2539A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2539--A
 
                        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  --
   recommitted to the Committee on Consumer Protection in accordance with
   Senate  Rule  6, sec. 8 -- 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
   electronic devices that track, monitor, and collect biometric  identi-
   fier information on customers
 
   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  ELECTRONIC  DEVICES AND COLLECTING BIOMETRIC DATA OF CUSTOMERS.
 1. ANY RETAILER THAT TRACKS A CUSTOMER BY USE  OF  THE  CUSTOMER'S  CELL
 PHONE, A STORE-INSTALLED CAMERA OR ANY OTHER ELECTRONIC DEVICE WHILE THE
 CUSTOMER  IS  IN  THEIR ESTABLISHMENT SHALL CONSPICUOUSLY POST A WARNING
 SIGN AT EACH ENTRANCE INDICATING THAT SUCH RETAILER PERFORMS SUCH TRACK-
 ING. SUCH WARNING SIGN SHALL ALSO PROVIDE INFORMATION FOR CUSTOMERS  WHO
 WISH TO OPT OUT OF THE TRACKING AND COLLECTION OF DATA, IF APPLICABLE.
   2. (A) ANY RETAILER THAT COLLECTS, RETAINS, CONVERTS, STORES OR SHARES
 BIOMETRIC IDENTIFIER INFORMATION OF CUSTOMERS SHALL CONSPICUOUSLY POST A
 WARNING  SIGN  AT  EACH  ENTRANCE INDICATING THAT SUCH RETAILER COLLECTS
 BIOMETRIC IDENTIFIER INFORMATION. SUCH WARNING SIGN SHALL BE WRITTEN  IN
 PLAIN LANGUAGE AND DESCRIBE THE TYPE OF BIOMETRIC IDENTIFIER INFORMATION
 BEING  COLLECTED  AND HOW SUCH INFORMATION IS USED BY THE RETAILER. SUCH
 WARNING SIGN SHALL ALSO PROVIDE INFORMATION FOR CUSTOMERS  WHO  WISH  TO
 OPT OUT OF THE COLLECTION OF BIOMETRIC IDENTIFIER INFORMATION, IF APPLI-
 CABLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03977-04-6
 S. 2539--A                          2

 
   (B)  IT  SHALL BE UNLAWFUL FOR A RETAILER TO SELL, LEASE, TRADE, SHARE
 IN EXCHANGE FOR ANYTHING OF VALUE OR OTHERWISE PROFIT  FROM  THE  TRANS-
 ACTION OF BIOMETRIC IDENTIFIER INFORMATION.
   3. 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.
   4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO CAMERAS AND OTHER
 TECHNOLOGY SOLELY INTENDED FOR VIDEO SURVEILLANCE TO ENSURE THE SECURITY
 OF A STORE.
   5.  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
 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.
   (E)  "BIOMETRIC  IDENTIFIER  INFORMATION"  MEANS  A  PHYSIOLOGICAL  OR
 BIOLOGICAL CHARACTERISTIC THAT IS USED BY OR ON BEHALF OF  A  COMMERCIAL
 ESTABLISHMENT, SINGLY OR IN COMBINATION, TO IDENTIFY, OR ASSIST IN IDEN-
 TIFYING,  AN  INDIVIDUAL, INCLUDING, BUT NOT LIMITED TO: (I) A RETINA OR
 IRIS SCAN, (II) A FINGERPRINT OR VOICEPRINT, (III) A  SCAN  OF  HAND  OR
 FACE GEOMETRY, OR (IV) ANY OTHER IDENTIFYING CHARACTERISTIC.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

2025-S2539B - Details

Law Section:: General Business Law
Laws Affected:: Add §390-f, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3147
2021-2022: S272
2023-2024: S2404

2025-S2539B - Summary

Requires retailers to post warning signs of the tracking and collecting of customers biometric data through electronic devices; provides for civil penalties.

2025-S2539B - Sponsor Memo

                                 
BILL NUMBER: S2539B

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring
retailers to post warning signs of the tracking of customers through
electronic devices that track, monitor, and collect biometric informa-
tion on customers

 
PURPOSE:

This bill requires businesses to fully disclose the presence of a
customer tracking system within their store and provide a way for
customers to opt out of such tracking.

 
SUMMARY OF PROVISIONS:

Section 1 amends the General Business Law by adding the new section
390-e, which requires retailers to post warning signs within their
establishment regarding tracking customers' movement through their cell-
phones and other electronic devices for purposes of storing or selling

such information. Such warning signs shall also provide information for
customers who wish to opt out of the tracking. Makes it unlawful for a
retailer to sell, lease, trade for value any biometric identifier infor-
mation. Retailers that do not comply with this section are subject to a
civil penalty of no more than $100 for the first violation, $250 for the
second violation, and not more than $500 for each additional violation
thereafter. All money collected will be retained by the municipality or
local government.

Section 2 provides the effective date.

 
JUSTIFICATION:

Several stores recently reported that they are either experimenting with
or actively using technology that tracks a customer's movement and
actions within the establishment through that individual's cellphone
Wi-Fi system. This data provides the store owners with information on
buying habits, frequency of visits, popularity of different departments,
duration of visits, and other retail metrics. Wi-Fi sensors are placed
in various locations throughout a store to detect other devices' media
access controls (MAC), or the personal signal emitted when that device
is searching for Wi-Fi in the area. Thus, store customers who have
access to the Internet on their electronic devices are automatically
tracked without their knowledge - a sentiment that is inconsistent with
an individual's right to privacy as guaranteed by the 14th Amendment of
the US Constitution. Therefore, such tracking activity must be fully
disclosed as is now standard practice on retailers' websites.

 
LEGISLATIVE HISTORY:

S2539 of 2025-26: Referred to Consumer Protection.

S2404 of 2023-24: Referred to Consumer Protection.

S272A of 2021-22: Committed to Rules.

S3147 of 2019-20: Referred to Consumer Protection.
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This bill shall take effect on the ninetieth day after it shall have
become a law.

2025-S2539B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2539--B
     Cal. No. 412
 
                        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  --
   recommitted to the Committee on Consumer Protection in accordance with
   Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to  said  committee  --  reported
   favorably  from  said  committee,  ordered to first and second report,
   ordered to a third reading, amended and ordered  reprinted,  retaining
   its place in the order of third reading
 
 AN  ACT  to  amend  the  general  business law, in relation to requiring
   retailers to post warning signs of the tracking of  customers  through
   electronic devices that track, monitor, and collect biometric informa-
   tion on customers
 
   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  ELECTRONIC  DEVICES  AND  COLLECTING  BIOMETRIC  INFORMATION OF
 CUSTOMERS. 1. ANY RETAILER THAT TRACKS A CUSTOMER BY USE OF THE  CUSTOM-
 ER'S CELL PHONE, A STORE-INSTALLED CAMERA OR ANY OTHER ELECTRONIC 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 BE WRITTEN IN PLAIN LANGUAGE AND
 ALSO PROVIDE INFORMATION FOR CUSTOMERS WHO WISH TO OPT OUT OF THE TRACK-
 ING AND COLLECTION OF DATA, IF APPLICABLE.
   2. (A) ANY RETAILER THAT COLLECTS, RETAINS, CONVERTS, STORES OR SHARES
 BIOMETRIC INFORMATION OF CUSTOMERS SHALL CONSPICUOUSLY  POST  A  WARNING
 SIGN  AT  EACH ENTRANCE INDICATING THAT SUCH RETAILER COLLECTS BIOMETRIC
 INFORMATION. SUCH WARNING SIGN SHALL BE WRITTEN IN  PLAIN  LANGUAGE  AND
 DESCRIBE  THE TYPE OF BIOMETRIC INFORMATION BEING COLLECTED AND HOW SUCH
 INFORMATION IS USED BY  THE  RETAILER.  SUCH  WARNING  SIGN  SHALL  ALSO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03977-06-6
 S. 2539--B                          2
 
 PROVIDE  INFORMATION FOR CUSTOMERS WHO WISH TO OPT OUT OF THE COLLECTION
 OF BIOMETRIC INFORMATION, IF APPLICABLE.
   (B)  IT  SHALL BE UNLAWFUL FOR A RETAILER TO SELL, LEASE, TRADE, SHARE
 IN EXCHANGE FOR ANYTHING OF VALUE OR OTHERWISE PROFIT  FROM  THE  TRANS-
 ACTION OF BIOMETRIC INFORMATION.
   3.  THE  WARNING  SIGNS  DESCRIBED BY SUBDIVISIONS ONE AND TWO OF THIS
 SECTION MAY BE POSTED TOGETHER AS ONE WARNING SIGN AT EACH  ENTRANCE  OF
 THE  ESTABLISHMENT  SO  LONG AS THE REQUIREMENTS SET OUT IN SUBDIVISIONS
 ONE AND TWO OF THIS SECTION ARE MET.
   4. 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.
   5. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO CAMERAS AND OTHER
 TECHNOLOGY SOLELY INTENDED FOR VIDEO SURVEILLANCE TO ENSURE THE SECURITY
 OF A STORE.
   6. 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
 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 ANY 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.
   (D) "BIOMETRIC INFORMATION" MEANS ANY MEASURABLE PHYSICAL,  PHYSIOLOG-
 ICAL  OR  BEHAVIORAL  CHARACTERISTIC  THAT  IS ATTRIBUTABLE TO A PERSON,
 INCLUDING, BUT NOT LIMITED TO FACIAL  CHARACTERISTICS, FINGERPRINT CHAR-
 ACTERISTICS, HAND CHARACTERISTICS, EYE   CHARACTERISTICS, VOCAL  CHARAC-
 TERISTICS,  AND ANY OTHER CHARACTERISTICS THAT CAN BE USED TO IDENTIFY A
 PERSON INCLUDING, BUT NOT LIMITED TO: FINGERPRINTS;  HANDPRINTS;  RETINA
 AND IRIS PATTERNS; DNA SEQUENCE; VOICE; GAIT; AND FACIAL GEOMETRY.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

2025-S2539C (ACTIVE) - Details

Law Section:: General Business Law
Laws Affected:: Add §390-f, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3147
2021-2022: S272
2023-2024: S2404

2025-S2539C (ACTIVE) - Summary

Requires retailers to post warning signs of the tracking and collecting of customers biometric data through electronic devices; provides for civil penalties.

2025-S2539C (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2539C

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring
retailers to post warning signs of the tracking of customers through
electronic devices that track, monitor, and collect biometric informa-
tion on customers

 
PURPOSE:

This bill requires businesses to fully disclose the presence of a
customer tracking system within their store and provide a way for
customers to opt out of such tracking.

 
SUMMARY OF PROVISIONS:

Section 1 amends the General Business Law by adding the new section
390-e, which requires retailers to post warning signs within their
establishment regarding tracking customers' movement through their cell-
phones and other electronic devices for purposes of storing or selling

such information. Such warning signs shall also provide information for
customers who wish to opt out of the tracking.  Retailers that do not
comply with this section are subject to a civil penalty of no more than
$100 for the first violation, $250 for the second violation, and not
more than $500 for each additional violation thereafter. All money
collected will be retained by the municipality or local government.

Section 2 provides the effective date.

 
JUSTIFICATION:

Several stores recently reported that they are either experimenting with
or actively using technology that tracks a customer's movement and
actions within the establishment through that individual's cellphone
Wi-Fi system. This data provides the store owners with information on
buying habits, frequency of visits, popularity of different departments,
duration of visits, and other retail metrics.  Wi-Fi sensors are placed
in various locations throughout a store to detect other devices' media
access controls (MAC), or the personal signal emitted when that device
is searching for Wi-Fi in the area. Thus, store customers who have
access to the Internet on their electronic devices are automatically
tracked without their knowledge - a sentiment that is inconsistent with
an individual's right to privacy as guaranteed by the 14th Amendment of
the US Constitution. Therefore, such tracking activity must be fully
disclosed as is now standard practice on retailers' websites.

 
LEGISLATIVE HISTORY:

S2539 of 2025-26: Referred to Consumer Protection.

S2404 of 2023-24: Referred to Consumer Protection.

S272A of 2021-22: Committed to Rules.

S3147 of 2019-20: Referred to Consumer Protection.

 
FISCAL IMPLICATIONS:
None.

 
EFFECTIVE DATE:
This bill shall take effect on the ninetieth day after it shall have
become a law.

2025-S2539C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2539--C
     Cal. No. 412
 
                        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  --
   recommitted to the Committee on Consumer Protection in accordance with
   Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to  said  committee  --  reported
   favorably  from  said  committee,  ordered to first and second report,
   ordered to a third reading, amended and ordered  reprinted,  retaining
   its  place  in the order of third reading -- again amended and ordered
   reprinted, retaining its place in the order of third reading
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   retailers  to  post warning signs of the tracking of customers through
   electronic devices that track, monitor, and collect biometric informa-
   tion on customers
 
   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 ELECTRONIC  DEVICES  AND  COLLECTING  BIOMETRIC  INFORMATION  OF
 CUSTOMERS.  1. ANY RETAILER THAT TRACKS A CUSTOMER BY USE OF THE CUSTOM-
 ER'S CELL PHONE, A STORE-INSTALLED CAMERA OR ANY OTHER ELECTRONIC 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 BE WRITTEN IN PLAIN LANGUAGE  AND
 ALSO PROVIDE INFORMATION FOR CUSTOMERS WHO WISH TO OPT OUT OF THE TRACK-
 ING AND COLLECTION OF DATA, IF APPLICABLE.
   2.  ANY  RETAILER  THAT  COLLECTS, RETAINS, CONVERTS, STORES OR SHARES
 BIOMETRIC INFORMATION OF CUSTOMERS SHALL CONSPICUOUSLY  POST  A  WARNING
 SIGN  AT  EACH ENTRANCE INDICATING THAT SUCH RETAILER COLLECTS BIOMETRIC
 INFORMATION. SUCH WARNING SIGN SHALL BE WRITTEN IN  PLAIN  LANGUAGE  AND
 DESCRIBE  THE TYPE OF BIOMETRIC INFORMATION BEING COLLECTED AND HOW SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03977-08-6
 S. 2539--C                          2
 
 INFORMATION IS USED BY  THE  RETAILER.  SUCH  WARNING  SIGN  SHALL  ALSO
 PROVIDE  INFORMATION FOR CUSTOMERS WHO WISH TO OPT OUT OF THE COLLECTION
 OF BIOMETRIC INFORMATION, IF APPLICABLE.
   3.  THE  WARNING  SIGNS  DESCRIBED BY SUBDIVISIONS ONE AND TWO OF THIS
 SECTION MAY BE POSTED TOGETHER AS ONE WARNING SIGN AT EACH  ENTRANCE  OF
 THE  ESTABLISHMENT  SO  LONG AS THE REQUIREMENTS SET OUT IN SUBDIVISIONS
 ONE AND TWO OF THIS SECTION ARE MET.
   4. 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.
   5. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO CAMERAS AND OTHER
 TECHNOLOGY SOLELY INTENDED FOR VIDEO SURVEILLANCE TO ENSURE THE SECURITY
 OF A STORE.
   6. 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
 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 ANY 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.
   (D) "BIOMETRIC INFORMATION" MEANS ANY MEASURABLE PHYSICAL,  PHYSIOLOG-
 ICAL  OR  BEHAVIORAL  CHARACTERISTIC  THAT  IS ATTRIBUTABLE TO A PERSON,
 INCLUDING, BUT NOT LIMITED TO FACIAL  CHARACTERISTICS, FINGERPRINT CHAR-
 ACTERISTICS, HAND CHARACTERISTICS, EYE   CHARACTERISTICS, VOCAL  CHARAC-
 TERISTICS,  AND ANY OTHER CHARACTERISTICS THAT CAN BE USED TO IDENTIFY A
 PERSON INCLUDING, BUT NOT LIMITED TO: FINGERPRINTS;  HANDPRINTS;  RETINA
 AND IRIS PATTERNS; DNA SEQUENCE; VOICE; GAIT; AND FACIAL GEOMETRY.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S2539A

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Feb 24, 2026 - Consumer Protection Committee Vote

Consumer Protection Committee Vote: Feb 24, 2026

Bill Amendments

2025-S2539 - Details

2025-S2539 - Summary

2025-S2539 - Sponsor Memo

2025-S2539 - Bill Text download pdf

2025-S2539A - Details

2025-S2539A - Summary

2025-S2539A - Sponsor Memo

2025-S2539A - Bill Text download pdf

2025-S2539B - Details

2025-S2539B - Summary

2025-S2539B - Sponsor Memo

2025-S2539B - Bill Text download pdf

2025-S2539C (ACTIVE) - Details

2025-S2539C (ACTIVE) - Summary

2025-S2539C (ACTIVE) - Sponsor Memo

2025-S2539C (ACTIVE) - Bill Text download pdf

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Sponsored By

Zellnor Myrie

Current Bill Status - On Floor Calendar

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Bill Amendments

2025-S2539 - Details

2025-S2539 - Summary

2025-S2539 - Sponsor Memo

2025-S2539 - Bill Text download pdf

2025-S2539A - Details

2025-S2539A - Summary

2025-S2539A - Sponsor Memo

2025-S2539A - Bill Text download pdf

2025-S2539B - Details

2025-S2539B - Summary

2025-S2539B - Sponsor Memo

2025-S2539B - Bill Text download pdf

2025-S2539C (ACTIVE) - Details

2025-S2539C (ACTIVE) - Summary

2025-S2539C (ACTIVE) - Sponsor Memo

2025-S2539C (ACTIVE) - Bill Text download pdf

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