New York S 7033: Enacts the preventing algorithmic pricing discrimination act

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
S07033 Summary:

BILL NOS07033 

&nbsp

SAME ASSAME AS A06765-A

&nbsp

SPONSORMAY

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Ren §349-a to be §349-h, add §349-a, amd §396, Gen Bus L

&nbsp

Enacts the preventing algorithmic pricing discrimination act; requires the disclosure of algorithmically set prices.

Go to top S07033 Actions:

BILL NOS07033 

&nbsp

03/28/2025REFERRED TO CONSUMER PROTECTION

01/07/2026REFERRED TO CONSUMER PROTECTION

04/15/2026RECOMMIT, ENACTING CLAUSE STRICKEN

Go to topS07033 Committee&nbspVotes:

Go to topS07033 Floor&nbspVotes:

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

Go to topS07033 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7033

 2025-2026 Regular Sessions

 IN SENATE

 March 28, 2025
 ___________

 Introduced by Sen. MAY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Consumer Protection

 AN ACT to amend the general business law, in relation to requiring
 disclosure of algorithmically set prices

 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 "Preventing Algorithmic Pricing Discrimination Act".
 3 § 2. Section 349-a of the general business law is renumbered 349-h and
 4 a new section 349-a is added to read as follows:
 5 § 349-a. Pricing. 1. As used in this section, the following terms
 6 shall have the following meanings:
 7 (a) "Algorithm" means a computational process that uses a set of rules
 8 to define a sequence of operations.
 9 (b) "Clear and conspicuous disclosure" means disclosure in the same
 10 medium as, and provided on, at, or near and contemporaneous with every
 11 advertisement, display, image, offer or announcement of a price for
 12 which notice is required, using lettering and wording that is easily
 13 visible and understandable to the average consumer.
 14 (c) "Consumer" means a natural person who is seeking or solicited to
 15 purchase, lease or receive a good or service for personal, family or
 16 household use.
 17 (d) "Consumer data" means any data that identifies or could reasonably
 18 be linked, directly or indirectly, with a specific natural person or
 19 device, excluding location data.
 20 (e) "Dynamic pricing" means pricing that fluctuates dependent on
 21 conditions where models retrain or recalibrate on information in near
 22 real-time, excluding promotional pricing offers, loyalty program bene-
 23 fits or other temporary discounts or changes to pricing related to
 24 retention of existing customers.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10796-05-5

 S. 7033 2

 1 (f) "Personalized algorithmic pricing" means dynamic pricing derived
 2 from or set by an algorithm that uses consumer data as defined in this
 3 section, which may vary among individual consumers or consumer popu-
 4 lations.
 5 (g) "Person" means any natural person, firm, organization, partner-
 6 ship, association, corporation, or any other entity domiciled or doing
 7 business in New York state.
 8 2. Any person who knowingly advertises, promotes, labels or publishes
 9 a statement, display, image, offer or announcement of personalized algo-
 10 rithmic pricing using consumer data specific to a particular individual
 11 shall include with such statement, display, image, offer or announcement
 12 a clear and conspicuous disclosure that states:
 13 "THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA".
 14 3. Whenever there shall be a violation of this section, an application
 15 may be made by the attorney general in the name of the people of the
 16 state of New York to a court or justice having jurisdiction by a special
 17 proceeding to issue an injunction, and upon notice to the respondent of
 18 not less than five days, to enjoin and restrain the continuance of such
 19 violations; and if it shall appear to the satisfaction of the court or
 20 justice that the respondent has, in fact, violated this section, an
 21 injunction may be issued by such court or justice, enjoining and
 22 restraining any further violation, without requiring proof that any
 23 person has, in fact, been inj