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AB1766 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                    January 20, 2023
        Introduced  by  M.  of  A. L. ROSENTHAL -- 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-e to read as follows:
     3    §  390-e.  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, the following terms  shall  have  the
    20  following meanings:
    21    (a) "Electronic  device" shall mean any cell phone as defined by para-
    22  graph  (b)  of    this subdivision, personal digital assistant, handheld
    23  device with  mobile  data  access,  laptop  computer,  pager,  broadband
    24  personal  communication  device,  two-way messaging   device, electronic
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 1766                             2
     1  game, or portable computing device, or any other electronic device  when
     2  used to input, write, send, receive, or read text for  present or future
     3  communication.
     4    (b) "Cell phone" shall mean the device used by  subscribers  and other
     5  users of wireless telephone service to access such service.
     6    (c)  "Wireless  telephone  service" shall mean two-way real time voice
     7  telecommunications service that is interconnected to a  public  switched
     8  telephone  network and is provided by a commercial mobile radio service,
     9  as such term is defined by 47 C.F.R. § 20.3.
    10    (d) "Tracking" includes, but  is  not  limited  to,  situations  where
    11  retailers  track  a  person's  movement throughout the establishment for
    12  purposes of storing or  selling  such  information  pertaining  to  such
    13  person.  "Tracking"  does not include the use of electronic devices that
    14  are not unique to a particular person.
    15    § 2. This act shall take effect on the ninetieth day  after  it  shall
    16  have become a law.
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