S 8623 New York Senate · 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.

Issues: ✓ Technology

Bill status in committee 1 of 4 stages cleared

Introduction

Dec 2025

Committee Review

Floor Vote

Governor

Introduced Dec 19, 2025 Last action Jun 5, 2026

Maddy AI version diff · 2 comparisons

What changed between versions

S8623A → S8623B · 5 edits

MODERATE

The bill was amended to add new sponsors and significantly revise the definitions of 'consumer' and 'bona fide discount.' The most critical change is the expansion of what counts as a legitimate discount, now explicitly including bulk purchases, subscriptions, and common sales events like flash sales, provided they are not based on personal data. Additionally, the definition of 'bona fide custom discount' was updated to clarify that loyalty program tiers can be based on purchase history if clearly disclosed and not cross-referenced with other data.

Scope change

The bill's applicability broadened by changing the 'consumer' definition to include individuals purchasing from entities domiciled in New York, rather than just those using services within the state.

ELIGIBILITY

Added new sponsors (Brook, Sepulveda) to the bill's introduction.

DEFINITION

Changed the 'consumer' definition to include purchases from entities domiciled in New York, expanding the bill's geographic reach.

Added a new clause to the 'bona fide discount' definition that explicitly lists common sales events (e.g., flash sales, end-of-season sales) as valid discounts.

Revised the 'bona fide custom discount' definition to allow loyalty program tiers based on purchase history, provided they are clearly disclosed and not cross-referenced with other personal data.

Updated the 'bona fide custom discount' definition to include discounts based on voluntary self-identification with classes defined by date of birth.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

May 27, 2026

Upper · Passed

AMENDED ON THIRD READING 8623B

upper

May 6, 2026

Upper · Passed

AMENDED ON THIRD READING (T) 8623A

upper

Jan 7, 2026

Committee

REFERRED TO CONSUMER PROTECTION

upper

Dec 19, 2025

Committee

REFERRED TO RULES

upper

1 primary · 7 co-sponsors