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NY A9349: Prohibits the use of surveillance pricing

Passed Both Chambers New York

Last verified Oct 23, 2026 · official bill text

A9349 · where it stands

3 of 5 steps complete
  1. Introduced Complete
  2. Passed first chamber Complete
  3. Passed both chambers Complete
  4. Enacted
  5. Effective
What do these statuses mean?
Introduced
Filed in the legislature; may be waiting for a committee hearing.
Passed a chamber
Approved by one or both chambers; awaiting further action.
Enacted
Signed into law, or became law without a signature or over a veto.
Effective date
The date the law says it takes effect. Once it has passed, the page shows "Effective" and the date. A court order can still block a law; if we know of one, the summary says so.
Dead / vetoed
Vetoed, failed, or the session ended without action.

In one paragraph

New York's A 9349-B would amend General Business Law section 349-a to prohibit surveillance pricing, meaning prices set in whole or part by an algorithm using personal data to offer different prices to different customers for the same goods or services. It would replace the current disclosure requirement with a ban, and bar using personal data to enable it. The Assembly passed it June 4, 2026; the Senate substituted it for S 8623-B and passed it June 4, 2026; as of October 8, 2026 the records show no delivery to or action by the Governor.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

If enacted, businesses selling to New York consumers could not use algorithms and personal data to charge different people different prices for the same item; service providers acting for them would be liable only for reckless disregard.

Key provisions

  1. No entity or service provider could set or adjust a reference price or consumer price using surveillance pricing, or advertise or publish an offer using it
  2. No entity or service provider could collect, use, sell, retain, share for valuable consideration, or disclose personal data to facilitate surveillance pricing
  3. Bona fide custom discounts (loyalty programs, voluntary self-identified groups, and certain prior-purchase discounts) are allowed if offered uniformly to those who meet the disclosed criteria
  4. Exceptions include entities subject to the insurance law, creditworthiness-based pricing using consumer-report data under the Fair Credit Reporting Act, pricing required or expressly authorized by federal or state law, and service providers acting for an entity unless they show reckless disregard of its prohibited conduct
  5. The attorney general could seek an injunction, restitution and damages, and civil penalties of up to $5,000 for a first violation and $20,000 for each later one
  6. Would take effect 180 days after becoming law

Latest legislative action

Jun 4, 2026. RETURNED TO ASSEMBLY

Sponsors (showing 5 of 59)

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Affected industries

This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error