New York A 7597: Relates to contracts in small print, procedural reciprocity for arbitration agreements in consumer transactions and consumer arbitration

Bill Text

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A07597 Summary:

BILL NOA07597 

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SAME ASNo Same As

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SPONSORSolages

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COSPNSR

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MLTSPNSR

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Add §2335-b, Ins L; add §198-d, Gen Bus L

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Prohibits property and casualty insurance companies from increasing rates based on geolocation information; provides exceptions; prohibits automobile manufacturers and dealers from collecting, distributing or selling customer GPS data to third parties.

Go to top A07597 Actions:

BILL NOA07597 

&nbsp

04/01/2025referred to insurance

01/07/2026referred to insurance

Go to topA07597 Committee&nbspVotes:

Go to topA07597 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA07597 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7597

 2025-2026 Regular Sessions

 IN ASSEMBLY

 April 1, 2025
 ___________

 Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
 tee on Insurance

 AN ACT to amend the insurance law, in relation to prohibiting property
 and casualty insurance companies from increasing rates based on geolo-
 cation information; and to amend the general business law, in relation
 to disclosure of geolocation data by motor vehicle manufacturers and
 dealers

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The insurance law is amended by adding a new section 2335-b
 2 to read as follows:
 3 § 2335-b. Prohibition of rate increases for persons utilizing GPS
 4 devices. 1. a. For purposes of this section, the term "GPS" means a
 5 global positioning system, or a comparable location tracking technology,
 6 that uses navigational satellites to determine a user's location and
 7 velocity in real time. GPS includes both factory-installed and after-
 8 market global positioning systems.
 9 2. Subject to the provisions of subdivision four of this section, no
 10 insurer authorized to transact or transacting business in this state, or
 11 controlling or controlled by or under common control by or with an
 12 insurer authorized to transact or transacting business in this state,
 13 which sells a policy providing motor vehicle liability insurance cover-
 14 age in this state shall use information from any GPS technology to
 15 determine or impose any additional rate, costs, fees, charges, or penal-
 16 ties on an insured vehicle driver based on GPS data relating to such
 17 driver's use of a vehicle.
 18 3. This section shall not limit the right of an insurer to use global
 19 positioning technology to:
 20 (a) provide a discount or reduction for vehicles equipped with a GPS;
 21 or

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09073-01-5

 A. 7597 2

 1 (b) impose costs, fees, charges, or penalties to recover a vehicle
 2 that does not contain a GPS if such vehicle is lost, misplaced, or
 3 stolen.
 4 4. The provisions of this section shall not apply if the insured
 5 expressly and voluntarily installs or agrees to the installation of the
 6 GPS device obtained from the insurer for the specific purpose of evalu-
 7 ating the insured's driving habits for the purpose of determining insur-
 8 ance rates.
 9 § 2. The general business law is amended by adding a new section 198-d
 10 to read as follows:
 11 § 198-d. Use of geolocation data. 1. No motor vehicle manufacturer or
 12 dealer operating within the state shall, without the consumer's express
 13 prior consent:
 14 (a) collect, record or maintain a consumer's GPS information regarding
 15 precise geolocation and driving behavior;
 16 (b) disclose the consumer's sensitive geolocation and driver behavior
 17 data to consumer reporting agencies; or
 18 (c) sell the consumer's sensitive geolocation and driver behavior data
 19 to any third party.
 20 2. Any motor vehicle manufacturer or dealer that collects, records or
 21 maintains a consumer's GPS information regarding precise geolocation and
 22 driving behavior shall:
 23 (a) in each case, obtain affirmative express consent from the consumer
 24 prior to collecting connected vehicle data;
 25 (b) provide a way for the consumer to opt-out of the collection of
 26 geolocation and driver behavior data;
 27 (c) allow consumers to limit data collection from