New York 2025-2026 Regular Session

New York Assembly Bill A03087

Introduced
1/23/25  
Refer
1/23/25  

Caption

Relates to establishing the online consumer protection act; defines terms; provides that an advertising network shall post clear and conspicuous notice on the home page of its own website about its privacy policy and its data collection and use practices related to its advertising delivery activities; makes related provisions.

Summary

Bill A03087, known as the Online Consumer Protection Act, aims to amend the General Business Law to enhance consumer protections in the digital space. It establishes regulations that require online publishers and advertising networks to obtain explicit consent from consumers before collecting personally identifiable information for marketing purposes. The bill also mandates that these entities provide clear and conspicuous notices regarding their data collection practices and the options available for consumers to opt-out of such data collection.

Impact

If enacted, this bill will significantly alter how online advertising operates in New York by imposing stricter regulations on data collection practices. It will require advertising networks and publishers to be more transparent about their data usage and will empower consumers with the ability to control their personal information online. This could lead to a decrease in the amount of data collected without consent and potentially reduce instances of privacy violations related to online marketing.

Sentiment

The sentiment surrounding Bill A03087 appears to be generally positive among consumer advocacy groups, who support stronger privacy protections. However, there may be concerns from businesses and advertising networks regarding the potential impact on their operations and revenue models, as stricter regulations could limit their ability to collect and utilize consumer data effectively.

Contention

Notable points of contention include the balance between consumer privacy and the interests of businesses that rely on data for targeted advertising. Some stakeholders argue that the bill could hinder marketing efforts and innovation in the digital space, while proponents emphasize the necessity of protecting consumer rights in an increasingly data-driven economy. The debate centers on finding an appropriate compromise that safeguards privacy without stifling business growth.

Companion Bills

NY S04270

Same As Relates to establishing the online consumer protection act; defines terms; provides that an advertising network shall post clear and conspicuous notice on the home page of its own website about its privacy policy and its data collection and use practices related to its advertising delivery activities; makes related provisions.

Previously Filed As

NY A01366

Relates to establishing the online consumer protection act; defines terms; provides that an advertising network shall post clear and conspicuous notice on the home page of its own website about its privacy policy and its data collection and use practices related to its advertising delivery activities; makes related provisions.

NY S02998

Relates to establishing the online consumer protection act; defines terms; provides that an advertising network shall post clear and conspicuous notice on the home page of its own website about its privacy policy and its data collection and use practices related to its advertising delivery activities; makes related provisions.

NY S04270

Relates to establishing the online consumer protection act; defines terms; provides that an advertising network shall post clear and conspicuous notice on the home page of its own website about its privacy policy and its data collection and use practices related to its advertising delivery activities; makes related provisions.

NY S1305

Establishing protections and accountability for Delivery Network Company workers, consumers, and communities

NY S3319

Provides certain deceptive practices in advertising of pregnancy-related services violate consumer fraud act.

NY H3126

Establishing a tax for online advertising

NY H3224

Establishing a tax for online advertising

NY SB546

Data privacy; establishing consumer rights; appeal process; privacy notice; data protection assessments; penalties; liability. Effective date.

NY S10227

Requires the consumer protection division to promulgate a policy governing the use of automatic license plate reader systems by non-law enforcement agencies and non-government entities; requires such non-law enforcement agencies and non-government entities to conspicuously post such policy on their website or in their place of business.

NY A00563

Requires the consumer protection division to promulgate a policy governing the use of automatic license plate reader systems by non-law enforcement agencies and non-government entities; requires such non-law enforcement agencies and non-government entities to conspicuously post such policy on their website or in their place of business.

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