NY S08616

Bans electronic shelf labels (ESLs) and digital shelf display technology in food retail stores over 15,000 square feet and drug retail stores, requiring traditional non-digital price displays instead

Prohibits food and drug retailers from using personalized algorithmic pricing or surveillance pricing, which sets customized prices based on consumer data collected through electronic surveillance technology

Forbids collection or use of data from minors under 17 for targeted advertising or personalized pricing, and prohibits using protected class data (race, age, disability, gender, religion, etc.) to set different prices for consumers

Establishes civil penalties of up to $10,000 per violation per day, with enforcement authority granted to the Attorney General, consumers, workers, and labor organizations

Creates a private right of action allowing individuals or class actions to recover at least $5,000 per violation or actual damages, with treble damages for willful violations, plus attorney's fees and costs