New York Senate Bill S05419

New York 2025-2026 Regular Session

• Introduced: 2/21/25
• Refer: 2/21/25
• Refer: 1/7/26

Caption

Prohibits the use of automated purchasing software to buy large quantities of goods for the purpose of retail resale of such goods.

Summary

S05419 would prohibit the use of automated purchasing software, often referred to as “bots,” to buy goods on retail purchasing platforms when the software bypasses security measures or purchase limits designed to cap the number of items a buyer can obtain. The bill also makes it unlawful to knowingly resell, or offer to resell, goods that were obtained using such software. In addition to defining the prohibited conduct, the bill authorizes civil penalties, profit forfeiture, and, for repeat offenders, higher penalties and possible forfeiture of equipment used in the unlawful purchasing activity. The bill creates an enforcement framework that directs the Department of State’s consumer protection division to receive and forward complaints to the Attorney General, and it gives the Attorney General authority to enforce the law. It also creates a private right of action for injured parties, allowing recovery of actual damages, possible treble damages, injunctions, and attorney’s fees and costs. The measure would take effect 90 days after enactment and would amend both the General Business Law and the Executive Law to add and cross-reference the new prohibition.

Impact

If enacted, the bill would add a new section to the General Business Law banning automated purchasing software used to evade retail quantity limits, and it would expand the Executive Law’s consumer complaint referral duties to include complaints under that new section. The law would affect individuals, firms, corporations, and other entities involved in bot-assisted purchasing and resale of limited goods, particularly in markets where scarcity and resale demand are common. It would also expose violators to civil penalties, disgorgement of profits, possible equipment forfeiture, and private lawsuits by injured parties.

Sentiment

Based on the bill text and the absence of recorded committee discussion or votes in the provided materials, the measure appears to be framed as a consumer-protection and anti-scalping bill with a generally regulatory, enforcement-oriented purpose. The caption indicates an intent to stop bulk buying for retail resale, suggesting support for fairness in access to limited goods and opposition to automated circumvention of purchase limits. No contrary sentiment, amendments, or recorded vote history is available in the provided context.

Contention

The main point of contention is likely the balance between preventing bot-driven hoarding and resale of scarce goods versus the breadth of the prohibition and penalties. The bill reaches not only direct users of automated purchasing software but also those who knowingly resell goods obtained through it, and it imposes both civil and criminal-style consequences for repeat violations. Potential concerns may also include how “automated purchasing software” is defined, how knowledge would be proven for resale violations, and whether legitimate high-volume purchasing or marketplace tools could be inadvertently swept in.