Imposes fines of up to ten thousand dollars per hour on businesses which are found to have skimming devices operating at such business for more than one hour.
Summary
This bill would add a new section to New York’s General Business Law creating a civil penalty for businesses where card skimming occurs. It defines “skimming” by reference to existing Penal Law provisions and applies when a skimming device has been installed at a place of business for more than one hour and skimming occurs. In that circumstance, the person or business conducting the sales transactions that resulted in the skimming would be subject to a civil penalty of up to $10,000 for each hour the device was installed.
The measure is aimed at deterring businesses from allowing skimmer devices to remain in place and at encouraging stronger prevention and monitoring of payment-card fraud. It would not create a new criminal offense, but instead adds a civil enforcement mechanism tied to the duration of the device’s presence and the occurrence of skimming. The bill would take effect 30 days after becoming law.
Impact
The bill would amend the General Business Law by adding section 390-f, creating a new civil penalty regime for skimming incidents at businesses. It would affect businesses that process sales transactions where skimmer devices are installed, potentially exposing them to significant hourly fines if skimming occurs after the device has been present for more than one hour. The bill also cross-references existing Penal Law definitions for personal identifying information and skimmer devices, linking consumer-protection enforcement to New York’s identity-theft and fraud statutes.
Sentiment
Based on the bill text and available context, the measure appears to be framed as a consumer-protection and anti-fraud proposal with a punitive deterrent approach. There is no recorded committee debate or vote history in the provided materials, so no formal opposition or support is documented here. The overall tone of the bill is preventative and enforcement-oriented, suggesting a policy goal of reducing card-skimming losses for consumers and merchants alike.
Contention
The main potential point of contention is the bill’s imposition of substantial fines on businesses where skimming occurs, even though the text does not specify fault standards, knowledge requirements, or whether the business must have been negligent. That could raise concerns from business owners about liability for criminal acts by third parties and about the practical burden of monitoring payment terminals. Supporters would likely emphasize consumer protection, fraud deterrence, and accountability for maintaining secure point-of-sale systems.
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