New York S 8623: Prohibits the use of surveillance pricing

Status: AMENDED ON THIRD READING 8623B (as of 2026-05-27)

State: New York · Session: 2025-2026 · Bill: S 8623

Sponsors: Rachel May, Brian Kavanagh, Luis R. Sepúlveda, Michael Gianaris, Samra Brouk

Bill Text

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S08623 Summary:

BILL NOS08623B

&nbsp

SAME ASSAME AS A09349-B

&nbsp

SPONSORMAY

&nbsp

COSPNSRBROUK, GIANARIS, HARCKHAM, KAVANAGH, RIVERA, SEPULVEDA, SUTTON

&nbsp

MLTSPNSR

&nbsp

Amd §349-a, Gen Bus L

&nbsp

Prohibits the use of surveillance pricing, directly or indirectly; prohibits the collection, use, retention, or sharing of data to facilitate surveillance pricing; provides exceptions; provides for enforcement by the attorney general; makes related provisions.

Go to top S08623 Actions:

BILL NOS08623B

&nbsp

12/19/2025REFERRED TO RULES

01/07/2026REFERRED TO CONSUMER PROTECTION

04/28/20261ST REPORT CAL.835

04/29/20262ND REPORT CAL.

05/04/2026ADVANCED TO THIRD READING 

05/06/2026AMENDED ON THIRD READING (T) 8623A

05/27/2026AMENDED ON THIRD READING 8623B

06/05/2026SUBSTITUTED BY A9349B

&nbspA09349 AMEND=B Torres

&nbsp12/17/2025referred to consumer affairs and protection

&nbsp01/07/2026referred to consumer affairs and protection

&nbsp05/06/2026amend (t) and recommit to consumer affairs and protection

&nbsp05/06/2026print number 9349a

&nbsp05/11/2026reported referred to codes

&nbsp05/27/2026amend and recommit to codes

&nbsp05/27/2026print number 9349b

&nbsp05/29/2026reference changed to ways and means

&nbsp06/01/2026reported referred to rules

&nbsp06/02/2026reported 

&nbsp06/02/2026rules report cal.351

&nbsp06/02/2026ordered to third reading rules cal.351

&nbsp06/04/2026passed assembly

&nbsp06/04/2026delivered to senate

&nbsp06/04/2026REFERRED TO RULES

&nbsp06/04/2026SUBSTITUTED FOR S8623B

&nbsp06/04/20263RD READING CAL.835

&nbsp06/04/2026PASSED SENATE

&nbsp06/04/2026RETURNED TO ASSEMBLY

Go to topS08623 Committee&nbspVotes:

Go to topS08623 Floor&nbspVotes:

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

Go to topS08623 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8623--B
 Cal. No. 835

 2025-2026 Regular Sessions

 IN SENATE

 December 19, 2025
 ___________

 Introduced by Sens. MAY, BROUK, GIANARIS, KAVANAGH, SEPULVEDA -- read
 twice and ordered printed, and when printed to be committed to the
 Committee on Rules -- recommitted to the Committee on Consumer
 Protection in accordance with Senate Rule 6, sec. 8 -- reported favor-
 ably from said committee, ordered to first and second report, ordered
 to a third reading, amended and ordered reprinted, retaining its place
 in the order of third reading -- again amended and ordered reprinted,
 retaining its place in the order of third reading

 AN ACT to amend the general business law, in relation to prohibiting the
 use of surveillance pricing

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

 1 Section 1. Section 349-a of the general business law, as added by
 2 section 1 of part X of chapter 58 of the laws of 2025, is amended to
 3 read as follows:
 4 § 349-a. Pricing. 1. Definitions. As used in this section, the follow-
 5 ing terms shall have the following meanings:
 6 (a) "Algorithm" means a computational [automated] process or system
 7 that [uses a set] applies one or more sets of rules, including rules
 8 generated by a natural person or by a computational process or system,
 9 to generate outputs based on inputs and/or to define a sequence of oper-
 10 ations.
 11 (b) "Clear and conspicuous disclosure" means disclosure in the same
 12 medium as, and provided on, at, or near and contemporaneous with every
 13 advertisement, display, image, offer or announcement of a price for
 14 which notice is required, using lettering and wording that is easily
 15 visible and understandable to the average consumer.
 16 (c) "Consumer" means a natural person who is seeking or solicited to
 17 purchase, lease or receive a good or service for personal, family or
 18 household use in New York state or from an entity domiciled in New York
 19 state.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14235-06-6

 S. 8623--B 2

 1 (d) "Personal data" means any data that identifies or could reasonably
 2 be linked, directly or indirectly, with a specific consumer or device.
 3 "Personal data" shall not include location data that is [used by a for-
 4 hire vehicle as defined in section 19-502 of the administra

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