A 9348 New York Assembly · 2025 Regular Session

Prohibits online retailers from basing prices on certain criteria

This bill prohibits online retailers from setting different prices for the same product based on a customer's device hardware (like battery level or age), software (such as installed apps), or location (where the device is used). It allows price variations only for legitimate cost differences, real-time demand surcharges for immediate services, or physical store location pricing. The law does not apply to standard coupons, public discounts, or promotions available to all customers equally. It directly affects online retailers and their pricing practices, while protecting consumers from algorithmic price discrimination based on device data.

Issues: ✓ Technology

Bill status in committee 1 of 4 stages cleared

Introduction

Dec 2025

Committee Review

Floor Vote

Governor

Introduced Dec 15, 2025 Last action May 12, 2026

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What changed between versions

A9348 → A9348A · 4 edits

MODERATE

This bill was amended to strengthen protections against discriminatory online pricing by redefining how prices are calculated and restricting the data retailers can use to set those prices. The changes clarify that retailers cannot base the initial 'reference price' shown to consumers on their device type, software, or location, unless that data is treated as personal information the consumer actively shared. Additionally, the bill adds specific penalties for violations and adjusts the effective date of the law.

Scope change

The bill's scope shifted from prohibiting the generation of 'prices' based on specific data to prohibiting the generation of 'reference prices' based on that data, while explicitly allowing the calculation of 'consumer prices' if a consumer has opted into an app or software.

DEFINITION

Removed the definition of 'Coupon' and added new definitions for 'Bona fide discount', 'Consumer price', 'Reference price', and 'Personal data' to clarify what constitutes a legitimate discount versus discriminatory pricing.

REQUIREMENT

Changed the core prohibition to apply to 'reference prices' rather than all prices, allowing retailers to offer lower 'consumer prices' if the consumer has downloaded an app or opted into software.

ENFORCEMENT

Added a new section imposing specific civil penalties of up to $5,000 for the first violation and $20,000 for subsequent violations, recoverable by the Attorney General.

TIMELINE

Changed the effective date from the next January 1st to 180 days after the bill becomes law, allowing time for necessary rule-making.

Floor votes

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Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

May 12, 2026

Lower · Passed

PRINT NUMBER 9348A

lower

May 12, 2026

Lower · Passed

AMEND AND RECOMMIT TO CONSUMER AFFAIRS AND PROTECTION

lower

Jan 7, 2026

Committee

REFERRED TO CONSUMER AFFAIRS AND PROTECTION

lower

Dec 15, 2025

Committee

REFERRED TO CONSUMER AFFAIRS AND PROTECTION

lower

1 primary · 0 co-sponsors