Bill > A09396

This bill prohibits electronic shelving labels (ESLs), digital shelf display technology, and personalized algorithmic pricing in food and drug retail establishments to protect consumer privacy and prevent discriminatory pricing practices. The legislation defines key terms such as "surveillance pricing" (using electronic surveillance to set customized prices) and "personalized algorithmic pricing" (dynamic pricing based on consumer data), and explicitly bans retailers from using these technologies or setting prices based on protected class data like ethnicity, age, disability, or sexual orientation. The bill provides robust enforcement mechanisms, including allowing the Attorney General or individual consumers to seek injunctions, with potential civil penalties of up to $10,000 per violation, and establishes a private right of action where plaintiffs can recover damages, with treble damages possible for willful violations. Additionally, the law protects minors under 17 by prohibiting the collection or use of their data for targeted pricing, and creates a dedicated consumer and worker protection fund from collected penalties. The bill's broader goals include protecting consumer privacy, preventing discriminatory pricing, and preserving jobs that might be threatened by advanced algorithmic pricing technologies, with specific exemptions for financial services and insurance industries.

Business and Industry

https://www.nysenate.gov/legislation/bills/2025/A9396