In one paragraph
New York's A 6765-A (the "Preventing Algorithmic Pricing Discrimination Act") would add General Business Law § 349-a, requiring anyone who knowingly advertises personalized algorithmic pricing based on an individual's consumer data to state "THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA", and § 396 would bar using protected class data in setting prices. Attorney General penalties up to $1,000 per violation. Would take effect on the 60th day after it becomes law. On the Assembly floor calendar (Cal. 173, January 7, 2026); it has not passed either chamber.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
None yet: the bill is pending. If enacted, sellers using personalized algorithmic pricing would have to display the disclosure, could not price on protected class data, and face Attorney General penalties up to $1,000 per violation.
Key provisions
- GBL § 349-a: personalized algorithmic pricing using consumer data specific to an individual must carry a clear and conspicuous disclosure: "THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA"
- Attorney General may seek an injunction on five days' notice and a civil penalty of not more than $1,000 for each violation; § 349-a provides for Attorney General enforcement only
- GBL § 396(3): no person may use protected class data to set a price if it withholds or denies advantages or yields different prices; aggrieved persons may sue under Executive Law § 297
- Consumer data excludes location data; dynamic pricing excludes promotions, loyalty benefits and temporary discounts
- Exempt: insurers licensed under the Insurance Law and excess lines insurers, and financial institutions, broker-dealers, investment advisors and consumer-credit providers
- Would take effect on the 60th day after it becomes law; amended March 25, 2025 and on the Assembly floor calendar, not passed
Latest legislative action
Jan 7, 2026. ordered to third reading cal.173
Sponsors (showing 5 of 29)
| Name | Role |
|---|---|
| Brian Cunningham D | Primary |
| CRESPO | Primary |
| Emerita Torres | Primary |
| MONTESANO | Primary |
| RAMOS | Primary |
Topics and industries
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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