New York S 5005: Creates a private right of action for the breach of a consumer's identifying information

Bill Text

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 Speaker Carl E. Heastie

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S05005 Summary:

BILL NOS05005 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORSEPULVEDA

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §380-mm, Gen Bus L

&nbsp

Relates to creating a private right of action for the breach of a consumer's identifying information such as their social security number, driver's license number, bank account number, credit or debit card number, personal identification number, automated or electronic signature, unique biometric data, account passwords or other information that can be used to access an individual's financial accounts or to obtain goods and services.

Go to top S05005 Actions:

BILL NOS05005 

&nbsp

02/18/2025REFERRED TO CONSUMER PROTECTION

01/07/2026REFERRED TO CONSUMER PROTECTION

Go to topS05005 Committee&nbspVotes:

Go to topS05005 Floor&nbspVotes:

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

Go to topS05005 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5005

 2025-2026 Regular Sessions

 IN SENATE

 February 18, 2025
 ___________

 Introduced by Sen. SEPULVEDA -- 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 creating a
 private right of action for the breach of a consumer's identifying
 information

 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
 2 380-mm to read as follows:
 3 § 380-mm. Civil liability for breach of a consumer's identifying
 4 information. 1. For purposes of this section the term "identifying
 5 information" means an individual's:
 6 (a) social security number;
 7 (b) driver's license number;
 8 (c) bank account number;
 9 (d) credit or debit card number;
 10 (e) personal identification number (PIN);
 11 (f) automated or electronic signature;
 12 (g) unique biometric data;
 13 (h) account passwords; or
 14 (i) any other piece of information that can be used to access an indi-
 15 vidual's financial accounts or to obtain goods or services.
 16 2. A consumer reporting agency, or other user of information, in
 17 possession of a consumer's identifying information when such identifying
 18 information is impermissibly obtained by an unauthorized third party, is
 19 liable to such consumer in an amount equal to the sum of:
 20 (a) ten-thousand dollars;
 21 (b) any actual damages sustained by the consumer as a result of such
 22 breach of identifying information; and

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09265-01-5

 S. 5005 2

 1 (c) in the case of any successful action to enforce any liability
 2 under this section, the costs of the action together with reasonable
 3 attorney's fees as determined by the court.
 4 § 2. This act shall take effect immediately.

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