New York S 5419: Prohibits the use of automated purchasing software to buy large quantities of goods for the purpose of retail resale

Bill Text

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S05419 Summary:

BILL NOS05419 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORLANZA

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §390-f, Gen Bus L; amd §94-a, Exec L

&nbsp

Prohibits the use of automated purchasing software to buy large quantities of goods for the purpose of retail resale of such goods.

Go to top S05419 Actions:

BILL NOS05419 

&nbsp

02/21/2025REFERRED TO INTERNET AND TECHNOLOGY

01/07/2026REFERRED TO INTERNET AND TECHNOLOGY

Go to topS05419 Committee&nbspVotes:

Go to topS05419 Floor&nbspVotes:

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

Go to topS05419 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5419

 2025-2026 Regular Sessions

 IN SENATE

 February 21, 2025
 ___________

 Introduced by Sen. LANZA -- read twice and ordered printed, and when
 printed to be committed to the Committee on Internet and Technology

 AN ACT to amend the general business law and the executive law, in
 relation to automated purchasing software

 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-f to read as follows:
 3 § 390-f. Automated purchasing software; prohibited. 1. For the
 4 purposes of this section, the following terms shall have the following
 5 meanings:
 6 (a) "Automated purchasing software" shall mean any machine, device,
 7 computer program or computer software that, on its own or with human
 8 assistance, bypasses security measures or access control systems on a
 9 retail goods purchasing platform, or other controls or measures on a
 10 retail goods purchasing platform, that assist in implementing a limit on
 11 the number of any specific item of goods that can be purchased, to
 12 purchase any specific item of goods.
 13 (b) "Retail goods purchasing platform" shall mean a retail goods
 14 purchasing website, application, phone system, or other technology plat-
 15 form used to sell goods.
 16 2. (a) It shall be unlawful for any person, firm, corporation or other
 17 entity to utilize automated purchasing software to purchase goods.
 18 (b) It shall be unlawful for any person, firm, corporation or other
 19 entity to knowingly resell or offer to resell any item of goods that
 20 such person, firm, corporation or other entity knows was obtained using
 21 automated purchasing software.
 22 3. Any person, firm, corporation or other entity who knowingly
 23 utilizes automated purchasing software in order to purchase any item of
 24 goods shall be subject to a civil penalty in an amount of no less than
 25 five hundred dollars and no more than one thousand five hundred dollars

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09508-01-5

 S. 5419 2

 1 for each such violation and shall forfeit all profits made from the sale
 2 of any such unlawfully obtained goods.
 3 4. Any person, firm, corporation or other entity who intentionally
 4 maintains any interest in or maintains any control of the operation of
 5 automated purchasing software to purchase goods shall be subject to a
 6 civil penalty in an amount of no less than seven hundred fifty dollars
 7 and no more than one thousand five hundred dollars for each such
 8 violation and shall forfeit all profits made from the sale of any such
 9 unlawfully obtained goods.
 10 5. Any person, firm, corporation or other entity who knowingly sells
 11 or offers to sell any item of goods that such person, firm, corporation
 12 or other entity knows was obtained using automated purchasing software
 13 shall be subject to a civil penalty in an amount of no less than five
 14 hundred dollars and no more than one thousand five hundred dollars for
 15 each such violation and shall forfeit all profits made from the sale of
 16 any such unlawfully obtained goods.
 17 6. Any person who is subject to a civil penalty under this section and
 18 has been assessed a penalty under this section in the previous three
 19 years shall be guilty of a violation and may be fined no less than one
 20 thousand dollars and no more than five thousand dollars for each such
 21 violation and shall forfeit all profits from the sale of any such unlaw-
 22 fully obtained g