A 9349 New York Assembly · 2025 Regular Session

Prohibits the use of surveillance pricing

Summary
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.
Bill status passed both 4 of 5 stages cleared
Introduction
Dec 2025
Committee Review
Jun 2026
Assembly Passage
Jun 2026
Senate Passage
Jun 2026
Governor
Introduced Dec 17, 2025 Last action Jun 4, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

A9349A A9349B · 4 edits
MODERATE
The bill was amended to add more sponsors and advance its legislative status. The core definition of 'personal data' was significantly expanded to explicitly include location data provided by consumers for services like ride-sharing and delivery, while excluding it only for basic fare calculation. The definition of 'bona fide discount' was broadened to include general promotions like flash sales and inventory pricing, provided they are not based on personal data. These changes aim to clarify how the law treats modern digital services and common retail promotions.
Scope change
The bill's scope regarding what constitutes 'personal data' was expanded to cover consumer-provided location data for specific services, and the scope of exemptions for discounts was widened to include common promotional practices.
DEFINITION

The definition of 'personal data' was updated to explicitly include location data that consumers affirmatively provide for services like transportation and delivery, while clarifying that this data is excluded only for basic fare calculation.

The definition of 'bona fide discount' was expanded to list specific examples like flash sales and inventory-based pricing, ensuring these common retail practices are exempt from surveillance pricing rules as long as they do not use personal data.

The definition of 'bona fide custom discount' was updated to require that loyalty program discounts be clearly and conspicuously disclosed to all members in a local market.

ELIGIBILITY

A new list of sponsors was added to the bill, reflecting its progression through the legislative process.

Floor votes · Senate Jun 4, 2026 · Assembly Jun 5, 2026

How they voted

3921
Passed · 3 other
Total votes 63
Jun 4, 2026
D Democratic41
38 Yea 3
92% Yea
R Republican22
1 Yea 21 Nay
95% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
20
Key actions
7
Committee
6
Amendments
4
Jun 5, 2026
Assembly · Passed
Assembly Vote: pass (99-42-8)
assembly
Jun 4, 2026
Upper · Passed
PASSED SENATE
upper
Jun 4, 2026
Committee
REFERRED TO RULES
upper
Jun 4, 2026
Lower · Passed
PASSED ASSEMBLY
lower
Jun 1, 2026
Committee
REPORTED REFERRED TO RULES
lower
May 29, 2026
Committee
REFERENCE CHANGED TO WAYS AND MEANS
lower
May 27, 2026
Lower · Passed
PRINT NUMBER 9349B
lower
May 27, 2026
Lower · Passed
AMEND AND RECOMMIT TO CODES
lower
May 11, 2026
Committee
REPORTED REFERRED TO CODES
lower
May 6, 2026
Lower · Passed
PRINT NUMBER 9349A
lower
May 6, 2026
Lower · Passed
AMEND (T) AND RECOMMIT TO CONSUMER AFFAIRS AND PROTECTION
lower
Jan 7, 2026
Committee
REFERRED TO CONSUMER AFFAIRS AND PROTECTION
lower
Dec 17, 2025
Committee
REFERRED TO CONSUMER AFFAIRS AND PROTECTION
lower
1 primary · 58 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
ET
Emérita Torres
DDemocratic
NY
85
Co
Photo of Al Taylor
Al Taylor
DDemocratic
NY
71
Co
Photo of Alex Bores
Alex Bores
DDemocratic/Working Families
NY
73
Co
Photo of Alicia Hyndman
Alicia Hyndman
DDemocratic
NY
29
Co
Photo of Andrew Hevesi
Andrew Hevesi
DDemocratic
NY
28
Co
Photo of Angelo Santabarbara
Angelo Santabarbara
DDemocratic
NY
111
Co
Photo of Anna Kelles
Anna Kelles
DDemocratic/Working Families
NY
125
Co
Photo of Bill Conrad
Bill Conrad
DDemocratic/Independence/Working Families
NY
140
Co
Photo of Brian Cunningham
Brian Cunningham
DDemocratic
NY
43
Co
Photo of Carrie Woerner
Carrie Woerner
DDemocratic
NY
113
Co
Photo of Catalina Cruz
Catalina Cruz
DDemocratic
NY
39