Bill > S08616

This bill prohibits the use of electronic shelving labels (ESLs), digital shelf display technology, and personalized algorithmic pricing in food and drug retail establishments. The legislation defines key terms like algorithmic pricing, surveillance pricing, and protected class data, and establishes that retailers cannot use consumer data to set different prices based on personal characteristics or protected class information. The bill specifically bans digital pricing technologies and prohibits using consumer data to create pricing that discriminates against individuals, with special protections for minors under 17. Retailers are prohibited from using protected characteristics like ethnicity, age, disability, sexual orientation, and other legally protected traits to determine pricing. The bill provides enforcement mechanisms, including the ability for the Attorney General or individual consumers to seek injunctive relief and civil penalties up to $10,000 per violation. Consumers and labor organizations can also file private lawsuits, with potential damages including actual damages, statutory damages of at least $5,000 per violation, and in cases of willful violations, the possibility of treble damages. The legislation aims to protect consumer privacy, prevent discriminatory pricing practices, and preserve jobs that might be threatened by advanced algorithmic pricing technologies.

Business and Industry

https://www.nysenate.gov/legislation/bills/2025/S8616