S 8483 NY

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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S08483 Summary: BILL NO S08483C &nbsp SAME AS SAME AS A09348-A

&nbsp SPONSOR RYAN C &nbsp COSPNSR &nbsp MLTSPNSR &nbsp Add §219, Gen Bus L &nbsp Prohibits online retailers from basing reference prices on the hardware, software, or geolocation of an online device.

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STATE OF NEW YORK ________________________________________________________________________

8483--C

2025-2026 Regular Sessions

IN SENATE

August 20, 2025 ___________

Introduced by Sen. C. RYAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- recommitted to the Committee on Internet and Technology in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the general business law, in relation to prohibiting online retailers from basing prices on certain criteria

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 2 219 to read as follows: 3 § 219. Online retailer pricing. 1. For the purposes of this section, 4 the following terms shall have the following meanings: 5 (a) "Bona fide discount" means a genuine reduction in price that is 6 referred to as such to consumers. Entities may reasonably interpret the 7 term "bona fide discount" to mean a genuine reduction from a contempora- 8 neous or recent reference price that is established absent of deceptive, 9 abusive and unfair practices as required by section three hundred 10 forty-nine of this chapter and 16 CFR 233. 11 (b) "Consumer price" means the reference price with adjustments based 12 on bona fide discounts, including sales, coupons, promotions or other 13 discounts. 14 (c) "Reference price" means the actual amount a consumer must pay for 15 any good or service, including mandatory fees or charges necessary to 16 receive such good or service except taxes or fees imposed by a govern- 17 ment, that is openly and actively offered to the public in the regular 18 course of business for a reasonably substantial and recent period in 19 time.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13624-07-6

S. 8483--C 2

1 (d) "Hardware state" shall mean the condition or mode of existence of 2 a system, component, or simulation, including, but not limited to, 3 battery life, number of wireless connections detected, and age of the 4 device, data that is erased when an online device is restarted or 5 powered down, and data that is retained when an online device is 6 restarted or powered down. 7 (e) "Online device" shall mean a physical object that has built-in 8 resources that allow it to communicate through the internet or a short- 9 range wireless technology and react to interface conditions, including, 10 but not limited to, a laptop computer, a desktop computer, a tablet, a 11 smartphone, or other smart hardware. 12 (f) "Personal data" means any data that identifies or could reasonably 13 be linked, directly or indirectly, with a specific consumer or device. 14 2. (a) A reference price offered to a consumer through such consumer's 15 online device shall not be generated by any online retailer or retail 16 mercantile establishment, in whole or in part, based on any of the 17 following input data, to the extent that it is not used or processed as 18 personal data: 19 (i) The hardware or hardware state of such online device; 20 (ii) The presence or absence of any software on such online device. 21 Provided, however, a consumer price may be offered to a consumer through 22 the consumer's online device if the consumer has downloaded an applica- 23 tion or software and opted into such application or software to purchase 24 a product or service; or 25 (iii) Geolocation data of the online device. 26 (b) Notwithstanding subparagraph (iii) of paragraph (a) of this subdi- 27 vision, the geolocation data of the online device may be used, and the 28 consumer's location may be accounted for, to generate a reference price 29 for the following reasons: 30 (i) To account for the differences in the costs or demands associated 31 with providing a good or service to different consumers; 32 (ii) A surcharge based on the real-time demand for the product or 33 service in the consumer's vicinity, if the product or service is 34 provided immediately upon request; or 35 (iii) Pricing based on price variances at different physical 36 locations, due to legitimate cost or demand differentials or state or 37 local government taxes, duties, or other fees. 38 (c) This section shall not apply to any bona fide discounts or any 39 other bona fide rebates, sales, or promotions that reduce the price of 40 goods or services, that are offered or made available to the general 41 public on the same terms, and do not incorporate input data as specified 42 in paragraph (a) of this subdivision. 43 3. The duties and obligations pursuant to this section are cumulative 44 with any other duties or obligations imposed under local, state, and 45 federal law and shall not be construed to relieve any party from any 46 duties or obligations imposed under any applicable laws. 47 4. Any person in violation of this article shall be subject to the 48 remedies and penalties available pursuant to section three hundred 49 forty-nine of this chapter and, in addition, shall be subject to a 50 supplemental civil penalty of not more than five thousand dollars for 51 the first violation, and twenty thousand dollars for each subsequent 52 violation, or the profits earned by violating the section, whichever is 53 greater, which may be recovered in a civil action brought by the attor- 54 ney general. Whenever a court determines that a violation of this 55 section has occurred, the court may impose any other civil penalty 56 and/or remedy deemed appropriate by the court. Civil penalties imposed

S. 8483--C 3

1 under this section and recovered by the attorney general shall be used 2 to enforce consumer protection and data privacy. 3 § 2. This act shall take effect on the one hundred eightieth day after 4 it shall have become a law. Effective immediately, the addition, amend- 5 ment and/or repeal of any rule or regulation necessary for the implemen- 6 tation of this act on its effective date are authorized to be made and 7 completed on or before such effective date.

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