Bill Text: NY A01583 | 2015-2016 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2016-01-06 - referred to consumer affairs and protection [A01583 Detail]

Download: New_York-2015-A01583-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1583
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2015
                                      ___________
       Introduced  by  M.  of  A.  ROSENTHAL,  SCHIMEL, 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:
    1    Section 1. The general business law is amended by adding a new section
    2  390-d to read as follows:
    3    S 390-D. POSTING OF WARNING  SIGNS  BY  RETAILERS  TRACKING  CUSTOMERS
    4  THROUGH  CELL  PHONES  OR OTHER ELECTRONIC DEVICES. 1. ANY RETAILER THAT
    5  TRACKS A CUSTOMER BY USE OF THE CUSTOMER'S CELL PHONE OR ANY OTHER ELEC-
    6  TRONIC DEVICE  WHILE  THE  CUSTOMER  IS  IN  THEIR  ESTABLISHMENT  SHALL
    7  CONSPICUOUSLY  POST A WARNING SIGN AT EACH ENTRANCE INDICATING THAT SUCH
    8  RETAILER PERFORMS SUCH TRACKING. SUCH WARNING SIGN  SHALL  ALSO  PROVIDE
    9  INFORMATION FOR CUSTOMERS WHO WISH TO OPT OUT OF THE TRACKING.
   10    2. ANY RETAILER THAT VIOLATES THIS SECTION SHALL BE SUBJECT TO A CIVIL
   11  PENALTY  OF  NOT  MORE THAN ONE HUNDRED DOLLARS FOR THE FIRST VIOLATION,
   12  NOT MORE THAN TWO HUNDRED FIFTY DOLLARS FOR THE  SECOND  VIOLATION,  AND
   13  NOT  MORE  THAN  FIVE HUNDRED DOLLARS FOR EACH VIOLATION THEREAFTER. THE
   14  PROVISIONS OF SUBDIVISION ONE OF THIS SECTION MAY  BE  ENFORCED  CONCUR-
   15  RENTLY BY THE DIRECTOR OF A MUNICIPAL CONSUMER AFFAIRS OFFICE, OR BY THE
   16  TOWN  ATTORNEY,  CITY CORPORATION COUNSEL, OR OTHER LAWFUL DESIGNEE OF A
   17  MUNICIPALITY OR LOCAL GOVERNMENT, AND ALL  MONEYS  COLLECTED  THEREUNDER
   18  SHALL BE RETAINED BY SUCH MUNICIPALITY OR LOCAL GOVERNMENT.
   19    3. FOR PURPOSES OF THIS SECTION "TRACKING" INCLUDES, BUT IS NOT LIMIT-
   20  ED  TO,  SITUATIONS WHERE RETAILERS TRACK A PERSON'S MOVEMENT THROUGHOUT
   21  THE ESTABLISHMENT FOR PURPOSES OF STORING OR  SELLING  SUCH  INFORMATION
   22  PERTAINING  TO SUCH PERSON. "TRACKING" DOES NOT INCLUDE THE USE OF ELEC-
   23  TRONIC DEVICES THAT ARE NOT UNIQUE TO A PARTICULAR PERSON.
   24    S 2. This act shall take effect on the ninetieth day  after  it  shall
   25  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04220-01-5