Bill Text: NY A06641 | 2019-2020 | General Assembly | Introduced


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

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2019-03-14 - referred to consumer affairs and protection [A06641 Detail]

Download: New_York-2019-A06641-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6641
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 14, 2019
                                       ___________
        Introduced  by  M.  of  A.  CRESPO,  DE LA ROSA, PICHARDO, DILAN, RAMOS,
          RODRIGUEZ, DAVILA -- read  once  and  referred  to  the  Committee  on
          Consumer Affairs and Protection
        AN  ACT  to  amend  the  general  business law and the executive law, in
          relation to automated purchasing software
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. The general business law is amended by adding a new section
     2  390-d to read as follows:
     3    §  390-d.  Automated  purchasing  software;  prohibited.  1.  For  the
     4  purposes of this section, the following terms shall have  the  following
     5  meanings:
     6    (a)  "Automated  purchasing  software" shall mean any machine, device,
     7  computer program or computer software that, on its  own  or  with  human
     8  assistance,  bypasses  security  measures or access control systems on a
     9  retail goods purchasing platform, or other controls  or  measures  on  a
    10  retail goods purchasing platform, that assist in implementing a limit on
    11  the  number  of  any  specific  item  of goods that can be purchased, to
    12  purchase any specific item of goods.
    13    (b) "Retail goods purchasing  platform"  shall  mean  a  retail  goods
    14  purchasing website, application, phone system, or other technology plat-
    15  form used to sell goods.
    16    2. (a) It shall be unlawful for any person, firm, corporation or other
    17  entity to utilize automated purchasing software to purchase goods.
    18    (b)  It  shall  be unlawful for any person, firm, corporation or other
    19  entity to knowingly resell or offer to resell any  item  of  goods  that
    20  such  person, firm, corporation or other entity knows was obtained using
    21  automated purchasing software.
    22    3. Any  person,  firm,  corporation  or  other  entity  who  knowingly
    23  utilizes  automated purchasing software in order to purchase any item of
    24  goods shall be subject to a civil penalty in an amount of no  less  than
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08400-01-9

        A. 6641                             2
     1  five  hundred dollars and no more than one thousand five hundred dollars
     2  for each such violation and shall forfeit all profits made from the sale
     3  of any such unlawfully obtained goods.
     4    4.  Any  person,  firm,  corporation or other entity who intentionally
     5  maintains any interest in or maintains any control of the  operation  of
     6  automated  purchasing  software  to purchase goods shall be subject to a
     7  civil penalty in an amount of no less than seven hundred  fifty  dollars
     8  and  no  more  than  one  thousand  five  hundred  dollars for each such
     9  violation and shall forfeit all profits made from the sale of  any  such
    10  unlawfully obtained goods.
    11    5.  Any  person, firm, corporation or other entity who knowingly sells
    12  or offers to sell any item of goods that such person, firm,  corporation
    13  or  other  entity knows was obtained using automated purchasing software
    14  shall be subject to a civil penalty in an amount of no  less  than  five
    15  hundred  dollars  and no more than one thousand five hundred dollars for
    16  each such violation and shall forfeit all profits made from the sale  of
    17  any such unlawfully obtained goods.
    18    6. Any person who is subject to a civil penalty under this section and
    19  has  been  assessed  a  penalty under this section in the previous three
    20  years shall be guilty of a violation and may be fined no less  than  one
    21  thousand  dollars  and  no more than five thousand dollars for each such
    22  violation and shall forfeit all profits from the sale of any such unlaw-
    23  fully obtained goods. In addition, a person  convicted  of  a  violation
    24  under this section may be required to forfeit any and all equipment used
    25  in the unlawful purchasing of goods.
    26    7.  The  consumer protection division of the department of state shall
    27  receive, compile and forward  to  the  attorney  general  complaints  of
    28  violations of the provisions of this section.
    29    8.  The  attorney  general  shall  have  jurisdiction  to  enforce the
    30  provisions of this section.
    31    9. Any aggrieved party that  has  been  injured  by  wrongful  conduct
    32  prescribed  by  this  section  may bring an action to recover all actual
    33  damages suffered as a result of any of such wrongful conduct. The  court
    34  in  its  discretion  may  award  damages up to three times the amount of
    35  actual damages. The court may enjoin the respondent  from  any  and  all
    36  activity prohibited under this section. The court may also award reason-
    37  able attorney's fees and costs.
    38    §  2. Subdivision 3 of section 94-a of the executive law is amended by
    39  adding a new paragraph 13-a to read as follows:
    40    (13-a) receive, compile and forward to the attorney general complaints
    41  of violations of section three hundred ninety-d of the general  business
    42  law prohibiting the use of automated purchasing software;
    43    §  3.  This  act shall take effect on the ninetieth day after it shall
    44  have become a law.
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