Senate Bill S8507

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8507
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                            September 12, 2025
                                ___________
 
 Introduced  by  Sen.  FAHY  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the general business law, in relation  to  enacting  the
   "connected consumer product end of life disclosure act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "connected consumer product end of life disclosure act".
   §  2. The general business law is amended by adding a new section 399-
 mm to read as follows:
   § 399-MM. CONNECTED CONSUMER PRODUCT END OF LIFE DISCLOSURE. 1.  DEFI-
 NITIONS. AS USED IN THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A)  "CONNECTED  CONSUMER PRODUCT" MEANS ANY DEVICE, OR OTHER PHYSICAL
 OBJECT, THAT IS INTENDED FOR CONSUMER USE AND IS CAPABLE  OF  CONNECTING
 TO THE INTERNET, EITHER DIRECTLY OR INDIRECTLY.  SUCH TERM SHALL INCLUDE
 THE  PHYSICAL DEVICE, THE MOBILE APPLICATION AND NECESSARY CLOUD INFRAS-
 TRUCTURE.
   (B) "END OF LIFE" MEANS THE POINT AT  WHICH  THE  MANUFACTURER  CEASES
 PROVIDING  TECHNICAL  SUPPORT,  SECURITY  UPDATES,  OR BUG FIXES FOR THE
 SOFTWARE, HARDWARE, OR FIRMWARE NECESSARY  FOR  THE  CONNECTED  CONSUMER
 PRODUCT TO SECURELY FUNCTION, EVEN IF THE PRODUCT IS STILL IN USE.
   (C) "FIRMWARE" MEANS LOW-LEVEL SOFTWARE THAT IS EMBEDDED INTO HARDWARE
 DEVICES,  WHERE SUCH SOFTWARE PROVIDES THE ESSENTIAL INSTRUCTIONS NEEDED
 FOR HARDWARE TO OPERATE PROPERLY, ACTING AS A MIDDLE LAYER  BETWEEN  THE
 HARDWARE  AND  HIGHER-LEVEL SOFTWARE SUCH AS DEVICE OPERATING SYSTEMS OR
 APPLICATIONS.
   (D) "INTERNET SERVICE PROVIDER" MEANS A COMPANY OR  ORGANIZATION  THAT
 PROVIDES  INDIVIDUALS  AND  BUSINESSES  WITH  ACCESS TO THE INTERNET VIA
 INFRASTRUCTURE AND NETWORKING TECHNOLOGIES THAT CONNECT  TO  THE  GLOBAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13518-01-5
 S. 8507                             2
              

 
 INTERNET,  AND  THAT  OFFER  SERVICES SUCH AS BROADBAND, FIBER, DSL, AND
 MOBILE DATA, OFTEN INCLUDING EMAIL, AND WEB HOSTING.
   (E)  "MINIMUM  GUARANTEED SUPPORT TIME FRAME" MEANS THE MINIMUM AMOUNT
 OF TIME FOR WHICH A COMPANY HAS PUBLICLY COMMITTED TO PROVIDING  TECHNI-
 CAL  SUPPORT, SECURITY UPDATES, OR BUG FIXES FOR THE SOFTWARE, HARDWARE,
 OR FIRMWARE, EXPRESSED AS CONTINUING UNTIL A SPECIFIC DATE.
   (F) "PRODUCT WEB PAGE" MEANS A WEB PAGE  SPECIFIC  TO  THE  PARTICULAR
 CONNECTED  CONSUMER PRODUCT THAT CONTAINS FEATURES AND INFORMATION ABOUT
 SUCH PRODUCT.
   (G) "SECURITY UPDATES" MEANS UPDATES RELEASED TO ADDRESS  VULNERABILI-
 TIES IN THE SOFTWARE, HARDWARE, OR FIRMWARE USED BY A CONNECTED CONSUMER
 PRODUCT.
   (H)  "VULNERABILITY"  MEANS A FLAW IN THE SOFTWARE, HARDWARE, OR FIRM-
 WARE RUNNING ON A CONNECTED CONSUMER PRODUCT THAT LESSENS  THE  SECURITY
 AND  INTEGRITY  OF  THE SOFTWARE, HARDWARE OR FIRMWARE NEEDED TO OPERATE
 SUCH PRODUCT.
   2. REQUIREMENTS.  THE  FOLLOWING  REQUIREMENTS  SHALL  APPLY  FOR  ANY
 CONNECTED  CONSUMER  PRODUCT MANUFACTURED AFTER JANUARY FIRST, TWO THOU-
 SAND TWENTY-FOUR:
   (A) THE MANUFACTURER  SHALL  CLEARLY  DISCLOSE  A  MINIMUM  GUARANTEED
 SUPPORT  TIME  FRAME TO PROSPECTIVE BUYERS AT THE POINT OF SALE WHERE IT
 HAS THE ABILITY TO MAKE DISCLOSURES TO THE CONSUMER.
   (I) THE MINIMUM GUARANTEED SUPPORT TIME FRAME SHALL NOT BE  INCONSIST-
 ENT  WITH  REASONABLE  CONSUMER  EXPECTATIONS ABOUT HOW LONG A CONNECTED
 CONSUMER PRODUCT'S  FEATURES  THAT  DEPEND  UPON  INTERNET  CONNECTIVITY
 SHOULD LAST.
   (II) THE MINIMUM GUARANTEED SUPPORT TIME FRAME FOR A CONNECTED CONSUM-
 ER  PRODUCT  SHALL NOT BE REDUCED AFTER IT IS DISCLOSED PURSUANT TO THIS
 PARAGRAPH. A MANUFACTURER MAY EXTEND THE MINIMUM GUARANTEED SUPPORT TIME
 FRAME AT ANY TIME BY MAKING A NEW DISCLOSURE PURSUANT TO THIS PARAGRAPH.
   (B) THE MANUFACTURER SHALL PROVIDE CLEAR, PROMINENT LANGUAGE ABOUT THE
 MINIMUM GUARANTEED SUPPORT TIME FRAME FOR THE CONNECTED CONSUMER PRODUCT
 ON SUCH PRODUCT'S WEB PAGE.
   (C) THE MANUFACTURER SHALL PROVIDE A DETAILED ACCOUNT OF THE  FEATURES
 AND  FUNCTIONALITY  LOST WHEN THE CONNECTED CONSUMER PRODUCT REACHES ITS
 END OF LIFE ON SUCH PRODUCT'S WEB PAGE.
   (D) THE MANUFACTURER SHALL PROVIDE ADVANCE NOTIFICATION OF  THE  DECI-
 SION  TO  CEASE  PROVIDING  TECHNICAL  SUPPORT, SECURITY UPDATES, OR BUG
 FIXES FOR THE SOFTWARE, HARDWARE, OR  FIRMWARE  TO  THE  OWNERS  OF  THE
 CONNECTED CONSUMER PRODUCT:
   (I) SIX MONTHS BEFORE THE PRODUCT REACHES END OF LIFE; AND
   (II) ON THE DATE ON WHICH THE PRODUCT REACHES END OF LIFE.
   (E)  THE  MANUFACTURER MAY COMMUNICATE WITH CONNECTED CONSUMER PRODUCT
 OWNERS THROUGH ANY OR ALL OF THE FOLLOWING: AN INTERFACE ON  THE  DEVICE
 OR  AN  ASSOCIATED APPLICATION, IF PRACTICABLE, ON THE PRODUCT WEB PAGE,
 AND OTHERWISE THROUGH EMAIL WHEN  MANUFACTURERS  POSSESS  SUCH  CUSTOMER
 DATA.
   (F)  NOTIFICATIONS  ABOUT THE END OF LIFE SHALL INCLUDE CLEAR INFORMA-
 TION ABOUT ACTIONS THE USER CAN TAKE IF THEY WANT TO CONTINUE USING  THE
 CONNECTED  CONSUMER  PRODUCT IN A SECURE MANNER, INCLUDING DISCONNECTING
 SUCH PRODUCT FROM THE INTERNET, AND SHALL PROVIDE  A  LIST  OF  FEATURES
 LOST,  AND  VULNERABILITIES AND SECURITY RISKS THAT ARE LIKELY TO RESULT
 FROM THE END OF LIFE.
   (G)  INTERNET  SERVICE  PROVIDERS  THAT  LEASE  OR  OTHERWISE  PROVIDE
 CONNECTED CONSUMER PRODUCTS TO THEIR CUSTOMERS SHALL BE RESPONSIBLE FOR:
 S. 8507                             3
 
   (I)  ENSURING  THAT  SUCH PRODUCTS CONNECTED TO THEIR NETWORKS RECEIVE
 AND APPLY SECURITY PATCHES; AND
   (II)  REMOVING  SUCH  PRODUCTS THAT HAVE BEEN DECLARED END OF LIFE AND
 REPLACING THEM WITH COMPARABLE PRODUCTS CAPABLE  OF  RECEIVING  SOFTWARE
 UPDATES AND SECURITY PATCHES AT NO COST TO THE CUSTOMER.
   3.  ENFORCEMENT  BY  ATTORNEY  GENERAL.  A  VIOLATION  OF  ANY  OF THE
 PROVISIONS OF THIS SECTION SHALL BE DEEMED A DECEPTIVE ACT  OR  PRACTICE
 WITHIN  THE  MEANING OF SECTION THREE HUNDRED FORTY-NINE OF THIS CHAPTER
 AND ANY REMEDY PROVIDED THEREIN SHALL BE AVAILABLE FOR  THE  ENFORCEMENT
 OF THIS SECTION.
   4.  ENFORCEMENT  BY  INDIVIDUALS.  ANY  PERSON WHO SUFFERS DAMAGE AS A
 RESULT OF A VIOLATION OF ANY OF THE PROVISIONS OF THIS SECTION MAY BRING
 AN ACTION TO RECOVER:
   (A) ACTUAL DAMAGES, WHICH INCLUDE:
   (I) DIRECT COSTS OF CONNECTED CONSUMER PRODUCT REPAIR OR REPLACEMENT;
   (II) COSTS OF ALTERNATIVE CONNECTED CONSUMER PRODUCTS DURING REPAIR;
   (III) TRANSPORTATION AND SHIPPING COSTS;
   (IV) CONSEQUENTIAL DAMAGES FROM CONNECTED CONSUMER PRODUCT FAILURE;
   (V) LOST WAGES FROM TIME TAKEN FOR REPAIRS; AND
   (VI) OTHER DOCUMENTED MONETARY LOSSES;
   (B) REASONABLE ATTORNEY'S FEES AND COSTS; AND/OR
   (C) INJUNCTIVE RELIEF.
   § 3. This act shall take effect immediately.