NY S02539

Retailers that track customers via cell phones or other electronic devices must conspicuously post warning signs at each entrance notifying customers of the tracking and providing opt-out information

Civil penalties for violations: up to $100 for first offense, up to $250 for second offense, and up to $500 for each subsequent violation

"Tracking" is defined as monitoring a person's movement throughout an establishment for purposes of storing or selling that information, but excludes devices not unique to a particular person

Enforcement authority granted to municipal consumer affairs directors, town attorneys, city corporation counsel, or other local government designees, with collected fines retained by the municipality

Takes effect 90 days after becoming law