New York 2025-2026 Regular Session

New York Senate Bill S08616

Introduced
12/12/25  
Refer
12/12/25  
Refer
1/7/26  
Report Pass
5/12/26  
Engrossed
5/13/26  
Refer
5/13/26  
Engrossed
6/4/26  

Caption

Prohibits the use of electronic shelving labels, digital shelf display technology, and surveillance pricing in food retail establishments and drug retail establishments; provides injunctive relief and civil penalties.

Impact

If enacted, S08616 would significantly alter the operations of food and drug retail establishments in New York. These entities would be prohibited from employing ESLs and digital display technologies for pricing, requiring them to revert to traditional non-digital methods for presenting prices. This regulatory change is aimed at safeguarding both consumer interests and jobs that may be threatened by the efficiencies introduced by algorithmic pricing strategies. The bill suggests that discriminatory pricing not only impacts consumer trust but also the workforce within retail sectors, aiming to ensure fair pricing practices while preserving employment opportunities.

Summary

S08616, known as the 'Protecting Consumers and Jobs from Discriminatory Pricing Act', seeks to prohibit the use of electronic shelving labels (ESLs) and other digital pricing technologies in food and drug retail establishments. The bill aims to protect consumers from discriminatory pricing practices that leverage personal and protected data to set prices. In light of evolving technological practices, the legislation addresses concerns about privacy violations and potential job losses linked to algorithmic pricing models. By enacting this bill, New York intends to set clear standards for pricing practices in retail environments.

Contention

The legislation is likely to spur debates over the balance between technological advancement and consumer rights. Proponents argue that banning discriminatory pricing practices is vital for consumer protections and job preservation. Critics might contend that such restrictions could hinder business competitiveness and innovation in the retail space. Moreover, there is the potential for pushback from retailers who rely on dynamic pricing models, suggesting that a move toward rigid pricing regulations may limit their operational flexibility. This bill, therefore, encapsulates broader discussions on consumer dignity, corporate responsibility, and the future of retail technology.

Companion Bills

NY A09396

Same As Prohibits the use of electronic shelving labels, digital shelf display technology in food retail establishments and drug retail establishments; provides injunctive relief and civil penalties.

Previously Filed As

NY A09396

Prohibits the use of electronic shelving labels, digital shelf display technology in food retail establishments and drug retail establishments; provides injunctive relief and civil penalties.

NY SF2278

A bill for an act prohibiting personalized algorithmic pricing and surveillance pricing at certain food retail establishments, and providing civil penalties.

NY A07929

Prohibits food stores and retail establishments from refusing to accept payment in cash; provides a civil penalty will be assessed for such actions.

NY S04153

Prohibits food stores and retail establishments from refusing to accept payment in cash; provides a civil penalty will be assessed for such actions.

NY S06438

Promotes consumer choice by requiring manufacturers of digital electronic equipment to provide retail sellers with a repair score that will be displayed to consumers at point of sale.

NY A03058

Promotes consumer choice by requiring manufacturers of digital electronic equipment to provide retail sellers with a repair score that will be displayed to consumers at point of sale.

NY S02539

Requires retailers to post warning signs of the tracking and collecting of customers biometric data through electronic devices; provides for civil penalties.

NY A01558

Requires retailers to post warning signs of the tracking and collecting of customers biometric data through electronic devices; provides for civil penalties.

NY A04204

Requires that retail mercantile establishments offering digital coupons make such coupons available to consumers in paper form of identical value; provides exceptions; provides for violations and penalties.

NY HB121

Surveillance pricing; prohibited, civil penalties.

Similar Bills

No similar bills found.