New York S 8952: Relates to disclosures by sellers of digital goods

Bill Text

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S08952 Summary:

BILL NOS08952 

&nbsp

SAME ASSAME AS A08471

&nbsp

SPONSORFAHY

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §350-b-2, Gen Bus L

&nbsp

Prohibits a seller of a digital good from advertising or offering for sale a digital good to a purchaser with the terms "buy," "purchase," or any other term which a reasonable person would understand to confer an unrestricted ownership interest in the digital good, or alongside an option for a time-limited rental, unless the seller receives at the time of each transaction an affirmative acknowledgment from the purchaser, or the seller provides to the consumer before executing each transaction a clear and conspicuous statement.

Go to top S08952 Actions:

BILL NOS08952 

&nbsp

01/21/2026REFERRED TO CONSUMER PROTECTION

Go to topS08952 Committee&nbspVotes:

Go to topS08952 Floor&nbspVotes:

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

Go to topS08952 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8952

 IN SENATE

 January 21, 2026
 ___________

 Introduced by Sen. FAHY -- 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 disclosures by
 sellers of digital goods

 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
 2 350-b-2 to read as follows:
 3 § 350-b-2. Disclosures required in advertisements of digital goods. 1.
 4 For purposes of this section, the following definitions apply:
 5 (a) "Clear and conspicuous" means in a manner that clearly calls
 6 attention to the language, such as in larger type than the surrounding
 7 text, or in contrasting type, font, or color to the surrounding text of
 8 the same size, or set off from the surrounding text of the same size by
 9 symbols or other marks.
 10 (b) "Digital application or game" means any application or game that a
 11 person accesses and manipulates using a specialized electronic gaming
 12 device, computer, mobile device, tablet, or other device with a display
 13 screen, including any add-ons or additional content for that application
 14 or game.
 15 (c) "Digital audio work" means a work that results from the fixation
 16 of a series of musical, spoken, or other sounds that are transferred
 17 electronically, including prerecorded or live songs, music, readings of
 18 books or other written materials, speeches, ringtones, or other sound
 19 recording.
 20 (d) "Digital audiovisual work" means a series of related images that,
 21 when shown in succession, impart an impression of motion, together with
 22 accompanying sounds. "Digital audiovisual work" includes motion
 23 pictures, musicals, videos, news and entertainment programs, and live
 24 events.
 25 (e) "Digital book" means a work that is generally recognized in the
 26 ordinary and usual sense as a book that is transferred electronically,
 27 including a work of fiction or nonfiction.
 28 (f) "Digital code" means a code that provides the person that holds
 29 the code a right to obtain an additional digital good, a digital audi-
 30 ovisual work, digital audio work, or digital book that may be obtained
 31 by any means, including tangible forms and electronic mail, regardless

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11925-01-5

 S. 8952 2

 1 of whether the code is designated as song code, video code, or book
 2 code. "Digital code" includes codes used to access or obtain any speci-
 3 fied digital goods, or any additional digital goods that have been
 4 previously purchased, and promotion cards or codes that are purchased by
 5 a retailer or other business entity for use by the retailer's or enti-
 6 ty's customers.
 7 (g) "Digital good" means a digital audiovisual work, digital audio
 8 work, digital book, digital code, or digital application or game, wheth-
 9 er electronically or digitally delivered or accessed. "Digital good"
 10 does not include a cable television service, satellite relay television
 11 service, or any other distribution of television, video, or radio
 12 service.
 13 2. It shall be unlawful for a sel