A 9044: Prohibits a person to offer or promote instant payout loot boxes to New York consumers.

  
  STATE OF NEW YORK ________________________________________________________________________ 9044 2025-2026 Regular Sessions  IN ASSEMBLY September 5, 2025 ___________ Introduced by M. of A. VANEL -- read once and referred to the Committee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to prohibited practices related to loot boxes 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 2 399-l to read as follows: 3 § 399-l. Prohibited practices related to loot boxes. 1. The following 4 terms shall have the following meanings: 5 (a) "Loot box" shall mean any physical or digital container or equiv- 6 alent that, when opened, awards the purchaser one or more randomized 7 rewards. 8 (b) "Person" shall mean any natural person, entity, or group or 9 persons or entities acting in concert, including but not limited to any 10 third-party providers, affiliated entities, subsidiaries, parent compa- 11 nies, joint ventures, partnerships, agents, or employees thereof, or any 12 entity or individual acting at the direction of, in cooperation with, 13 under contract or in partnership with, or financially benefitting from 14 another person or entity. Multiple persons in partnership or under 15 contract, where one or more persons financially benefit from such part- 16 nership or contract shall be treated as one person for purposes of this 17 section. 18 (c) "Liquid digital item" shall mean any digital item that can be sold 19 on a digital marketplace. 20 (d) "Repurchase" shall mean the act of offering a consumer money, cash 21 equivalents, cryptocurrency, including non-fungible tokens, another loot 22 box or similar item, a liquid digital item, any right, privilege, 23 status, service, experience, or access, or points that can be redeemed 24 to purchase another loot box, item, cash or cash equivalent, cryptocur- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13589-01-5 
 A. 9044 2 1 rency or a liquid digital item in exchange for some or all of the 2 contents of a loot box. 3 2. No person offering loot boxes to consumers within the state shall 4 repurchase the contents of any such loot box whether directly themselves 5 or indirectly through a third-party provider, affiliated entity, subsid- 6 iary, parent company, joint ventures, partnership, agent, or employee 7 thereof, or through any other contractual arrangement with another in 8 exchange for money, cash equivalents, cryptocurrency, including non-fun- 9 gible tokens, another loot box or similar item, a liquid digital item, 10 any right, privilege, status, service, experience, or access, or points 11 that can be redeemed to purchase another loot box, item, cash or cash 12 equivalent, cryptocurrency or a liquid digital item, nor may any third- 13 party provider, affiliated entity, subsidiary, parent company, joint 14 venture, partnership, agent, or employee thereof, or another through any 15 other contractual arrangement repurchase or redeem those contents for 16 such value. 17 3. No loot box shall contain money or any cash equivalent or crypto- 18 currency, including non-fungible tokens, any status, tier, membership 19 level, or credential, or points that can be redeemed to purchase another 20 loot box, item, cash or cash equivalent, cryptocurrency or a liquid 21 digital item. 22 4. A person who violates the provisions of this section shall be 23 subject to a civil penalty of one thousand dollars per violation or 24 three times such revenue derived from such violation, whichever is 25 greater. For purposes of this section, the person or entity providing 26 such loot boxes shall be held liable for the conduct of any third-party 27 provider, affiliated entity, subsidiary, parent company, joint venture, 28 partnership, agent, or employee thereof, or another through any other 29 contractual arrangement provided however that where the person or entity 30 providing such loot boxes is not subject to the jurisdiction of the 31 attorney general, any third-party provider, affiliated entity, subsid- 32 iary, parent company, joint venture, partnership, agent, or employee 33 thereof, or another through any other contractual arrangement that is 34 subject to the jurisdiction of the attorney general shall be jointly and 35 severally liable for such penalty. 36 § 2. This act shall take effect immediately.