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Senate bill · S2539 (2025-26)

Requires retailers to post warning signs of the tracking and collecting of customers biometric data through electronic devices

Latest action Jun 1, 2026

New York State Senate

Same as A1558, the matching bill in the Assembly.

Sponsor

Zellnor Myrie

State Senator, District 20 · Democratic

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Summary

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

Summary from NY Open Legislation. How we handle summaries

Amends the General Business Law.

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 21, 2026. About our data

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Purpose, from the sponsor's memo

This bill requires businesses to fully disclose the presence of a customer tracking system within their store and provide a way for customers to opt out of such tracking.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Passed one of the two chambers; it still needs the other.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

Committee

Codes · New York State Assembly

Also referred to Codes · New York State Senate, Consumer Affairs and Protection · New York State Assembly, Consumer Protection · New York State Senate.

Cosponsors

Alex Bores, Deborah Glick and 4 more on Agora

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

Read on NY Senate (opens in a new tab)
  • Democratic6

Shown in neutral colors by design; Agora is non-partisan.

The sponsor's argument

Why Zellnor Myrie says this is needed

Several stores recently reported that they are either experimenting with or actively using technology that tracks a customer's movement and actions within the establishment through that individual's cellphone Wi-Fi system. This data provides the store owners with information on buying habits, frequency of visits, popularity of different departments, duration of visits, and other retail metrics. Wi-Fi sensors are placed in various locations throughout a store to detect other devices' media access controls (MAC), or the personal signal emitted when that device is searching for Wi-Fi in the area. Thus, store customers who have access to the Internet on their electronic devices are automatically tracked without their knowledge - a sentiment that is inconsistent with an individual's right to privacy as guaranteed by the 14th Amendment of the US Constitution. Therefore, such tracking activity must be fully disclosed as is now standard practice on retailers' websites.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Recorded votes

  • Vote: Floor vote

    NY SenateMay 12, 2026Result: passed

    (55) (5) (0) (3)

  • Vote: Committee vote · Consumer Protection

    Senate Consumer ProtectionFeb 24, 2026Result: passed

    (7) (0) (0) (0)

Full history

  1. Jun 1, 2026

    Reported out of committee

    REPORTED

    NY Assembly

  2. Jun 1, 2026

    Rules Report CAL.289

    RULES REPORT CAL.289

    NY Assembly

  3. Jun 1, 2026

    Substituted

    SUBSTITUTED BY S2539C

    NY Assembly

  4. May 28, 2026

    Reported out of committee

    REPORTED REFERRED TO RULES

    NY Assembly

  5. May 12, 2026

    Sent to the executive

    DELIVERED TO ASSEMBLY

    NY Senate

Show full history (16 earlier events)
  1. May 12, 2026

    Passed a chamber

    PASSED SENATE

    NY Senate

  2. May 12, 2026

    Referred to committee

    REFERRED TO CODES

    NY Assembly

  3. May 5, 2026

    Reported out of committee

    REPORTED REFERRED TO CODES

    NY Assembly

  4. May 4, 2026

    Amended

    AMENDED ON THIRD READING 2539C

    NY Senate

  5. Apr 27, 2026

    Amend and Recommit to Consumer Affairs and Protection

    AMEND AND RECOMMIT TO CONSUMER AFFAIRS AND PROTECTION

    NY Assembly

  6. Mar 17, 2026

    Amended

    AMENDED (T) 2539B

    NY Senate

  7. Mar 4, 2026

    Advanced to Third Reading

    ADVANCED TO THIRD READING

    NY Senate

  8. Feb 26, 2026

    2ND Report CAL.

    2ND REPORT CAL.

    NY Senate

  9. Feb 25, 2026

    1ST Report CAL.412

    1ST REPORT CAL.412

    NY Senate

  10. Feb 2, 2026

    Amend (t) and Recommit to Consumer Affairs and Protection

    AMEND (T) AND RECOMMIT TO CONSUMER AFFAIRS AND PROTECTION

    NY Assembly

  11. Jan 20, 2026

    Amend (t) and Recommit to Consumer Protection

    AMEND (T) AND RECOMMIT TO CONSUMER PROTECTION

    NY Senate

  12. Jan 8, 2026

    Amend (t) and Recommit to Consumer Affairs and Protection

    AMEND (T) AND RECOMMIT TO CONSUMER AFFAIRS AND PROTECTION

    NY Assembly

  13. Jan 7, 2026

    Referred to committee

    REFERRED TO CONSUMER AFFAIRS AND PROTECTION

    NY Assembly

  14. Jan 7, 2026

    Referred to committee

    REFERRED TO CONSUMER PROTECTION

    NY Senate

  15. Jan 21, 2025

    Referred to committee

    REFERRED TO CONSUMER PROTECTION

    NY Senate

  16. Jan 10, 2025

    Referred to committee

    REFERRED TO CONSUMER AFFAIRS AND PROTECTION

    NY Assembly