Bill > A09349

This bill prohibits businesses in New York from using personalized algorithmic pricing, which means dynamically setting prices using a consumer's personal data. The legislation requires businesses to clearly disclose when they are using any automated pricing system and specify the non-personal factors influencing price changes. Key provisions include defining technical terms like "algorithm" and "personal data", establishing strict disclosure requirements, and creating enforcement mechanisms. Businesses would be prohibited from collecting or using personal data for "surveillance pricing" and must provide transparent information about how their pricing systems work. The bill includes several exceptions, such as for loyalty programs, time-limited sales, and uniform promotional pricing. Enforcement would be handled by the New York Attorney General, who can issue cease and desist letters, seek injunctions, and impose civil penalties ranging from $10,000 to $25,000 per violation. Importantly, the bill also creates a private right of action, meaning individual consumers can sue businesses for violations and potentially receive statutory damages between $500 and $5,000 per instance, plus attorneys' fees. The law would take effect 180 days after becoming law, giving businesses time to adjust their pricing and data practices to comply with the new requirements.

Business and Industry

https://www.nysenate.gov/legislation/bills/2025/A9349