New York A 3087: Relates to establishing the online consumer protection act

Bill Text

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A03087 Summary:

BILL NOA03087 

&nbsp

SAME ASSAME AS S04270

&nbsp

SPONSORRozic (MS)

&nbsp

COSPNSRColton, Lupardo, Benedetto, Rosenthal, Weprin

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MLTSPNSRDinowitz, Hevesi, Peoples-Stokes

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Add §390-f, Gen Bus L

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Relates to establishing the online consumer protection act; defines terms; provides that an advertising network shall post clear and conspicuous notice on the home page of its own website about its privacy policy and its data collection and use practices related to its advertising delivery activities; makes related provisions.

Go to top A03087 Actions:

BILL NOA03087 

&nbsp

01/23/2025referred to consumer affairs and protection

01/07/2026referred to consumer affairs and protection

Go to topA03087 Committee&nbspVotes:

Go to topA03087 Floor&nbspVotes:

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

Go to topA03087 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3087

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 23, 2025
 ___________

 Introduced by M. of A. ROZIC, COLTON, LUPARDO, BENEDETTO, ROSENTHAL,
 WEPRIN -- Multi-Sponsored by -- M. of A. DINOWITZ, HEVESI,
 PEOPLES-STOKES -- read once and referred to the Committee on Consumer
 Affairs and Protection

 AN ACT to amend the general business law, in relation to establishing
 the online consumer protection act

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

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "online consumer protection act".
 3 § 2. Legislative findings. The state has the authority to enact
 4 consumer regulations to protect the people of the state. Recently, the
 5 state has enacted a series of laws to address problems arising from the
 6 ubiquity of the internet. From protecting consumers from electronic
 7 breaches of security to enacting laws prohibiting the practice of
 8 "phishing" -- an electronic form of identity theft -- the state has an
 9 obligation to enact sensible protections for the people.
 10 The internet age has changed, often for the better, the way people
 11 work, enjoy entertainment and interact with one another. However, with
 12 the internet age new problems have arisen that must be addressed, chief
 13 among them, the loss of personal privacy. Recent examples, including one
 14 where search engine results were tracked to an individual, have illus-
 15 trated that a person's privacy can be breached easily and with grave
 16 consequences. There is a fundamental rift between tracking technology
 17 and consumers' right to control what data is collected and where it
 18 goes. Action must be taken in order to prevent more egregious violations
 19 of privacy occurring including price discrimination, exposure of
 20 personal information to subpoenas and warrantless government access.
 21 This act establishes provisions to allow consumers the ability to
 22 simply opt-out of being monitored on the internet. Such protections,

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06206-01-5

 A. 3087 2

 1 akin to the do not call registry, are a fair, sensible and common sense
 2 way to give consumers a clear choice with respect to being monitored.
 3 § 3. The general business law is amended by adding a new section 390-f
 4 to read as follows:
 5 § 390-f. Online consumer protection. 1. For the purposes of this
 6 section the following terms shall have the following meanings:
 7 (a) The term "online preference marketing" shall mean a type of adver-
 8 tisement delivery and reporting whereby data is collected to determine
 9 or predict consumer characteristics or preference for use in advertise-
 10 ment delivery on the internet.
 11 (b) The term "personally identifiable information" shall mean data
 12 that, by itself, can be used to identify, contact or locate a person,
 13 including name, address, telephone number, sensitive medical or finan-
 14 cial data, sexual behavior, sexual orientation, or email address.
 15 (c) The term "publisher" shall mean any company, individual or other
 16 group that has a website, webpage or other internet page.
 17 (d) The term "consumer" shall mean any natural person using or access-
 18 ing a websit