Bill > S4047

Introduced Session

This bill provides that a provider of a "digital application distribution platform," as defined in the bill, for which cumulative downloads of software applications from the digital application distribution platform to "users," as defined in the bill, exceed one million downloads in the previous or current calendar year is to be prohibited from: 1) requiring a developer of certain software applications (developer) that is domiciled in this State to use a particular "in-application payment system," as that term is defined in the bill, as the exclusive mode of accepting payments from a user to download a software application or to purchase a digital or physical product or service through a software application; 2) requiring exclusive use of a particular in-application payment system as the exclusive mode of accepting payments from users to download a software application or purchase a digital or physical product or service through a software application; and 3) retaliating, in a manner that is deemed detrimental by the Attorney General, against a developer that is domiciled in this State or a user for using an in-application payment system or digital application distribution platform that is not owned by, operated by, or affiliated with the provider or retaliate against a developer for that use to distribute applications to, or accept payments from, users. An agreement that violates the provisions of the bill is unenforceable and is deemed a violation of the State's consumer fraud act. The bill is not to apply with respect to and "special-purpose digital application distribution platform," as defined in the bill. The bill provides that the Attorney General is to receive complaints and investigate violations of the provisions of the bill and may bring an action in any court of competent jurisdiction to obtain legal or equitable relief on behalf of a user aggrieved by the violation.

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Nia Gill (D)*, 

Introduced in the Senate, Referred to Senate Commerce Committee (on 11/08/2021)