AI Frontier Institute

Prohibits the use of any automated or algorithm-driven process by which the price charged for an essential good or service is adjusted on a real-time basis substantially in reference to any non-cost-based factor.

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New York Assembly Bill 9152 (2025-2026) has not been enacted. It was referred to the Committee on Consumer Affairs and Protection on October 17, 2025, and referred again on January 7, 2026. If enacted, it would add section 396-rrr to the general business law and ban "dynamic pricing" of essential goods and services. The legislature's findings (section 1) say real-time algorithmic pricing can push prices above competitive levels. They say it especially harms low-income consumers, SNAP recipients, seniors who use Access-a-Ride, and people in neighborhoods with one grocery store. Section 396-rrr defines dynamic pricing as any automated or algorithm-driven process that adjusts the price of an essential good or service in real time, substantially in reference to a non-cost-based factor. "Essential goods and services" includes consumer goods and services for personal, family or household use, essential medical supplies and services, and other goods and services that promote public health or welfare. "Sellers" include third-party platforms that enable dynamic pricing. Subdivision 2 bars sellers from using dynamic pricing. Subdivision 3 extends the ban to the whole chain of distribution (manufacturers, suppliers, wholesalers, distributors and retailers) when the product was in New York before the sale. Under subdivision 4, a violation turns solely on whether a price was dynamically adjusted, whether or not a consumer paid. Subdivision 5 exempts specially manufactured goods, prices based on labor, materials or work performed, auctions, bona fide contracts, financial and insurance products, professional services, innkeepers and common carriers, and prices adjusted for a bona fide emergency. Under subdivision 6, the attorney general may seek an injunction in supreme court on five days' notice. The court must impose a civil penalty of up to $25,000 per violation or three times gross receipts for the relevant goods or services, whichever is greater, and may order restitution. Subdivision 7 lets the attorney general issue implementing rules. The act would take effect 90 days after becoming law (section 3).

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