Section 604-B. Penalties


Latest version.
  • (a) Whenever there shall be a violation of this
      article, an application may be made by the attorney general in the  name
      of  the  people  of  the  state of New York to a court or justice having
      jurisdiction by a special proceeding to issue an  injunction,  and  upon
      notice  to  the  defendant  of  not  less  than  five days, to enjoin or
      restrain the continuance of such violation; and if it  shall  appear  to
      the  satisfaction  of  the  court  or justice that the defendant has, in
      fact, violated this article, an injunction may be issued by  such  court
      or  justice,  enjoining  and  restraining any further violation, without
      requiring proof that any person has, in fact, been  injured  or  damaged
      thereby.  In  any  such proceeding, the court may make allowances to the
      attorney general as provided in paragraph  six  of  subdivision  (a)  of
      section  eighty-three hundred three of the civil practice law and rules,
      and direct restitution.  Whenever  the  court  shall  determine  that  a
      violation  of  this  section  has occurred, the court may impose a civil
      penalty of not less than five hundred dollars nor more than one thousand
      dollars for  each  violation.  In  connection  with  any  such  proposed
      application, the attorney general is authorized to take proof and make a
      determination of the relevant facts and to issue subpoenas in accordance
      with the civil practice law and rules.
        (b)  A  principal  creditor  shall  have no civil liability under this
      article if, within fifteen days either  after  discovering  a  violation
      which  is  able to be cured, or after the receipt of a written notice of
      such violation, the  principal  creditor  notifies  the  debtor  of  the
      violation,  and  makes whatever adjustments or corrections are necessary
      to cure the violation with respect to the debtor.
        (c) No principal  creditor  shall  be  deemed  to  have  violated  the
      provisions   of   this  article,  if  such  person,  firm,  partnership,
      association or corporation shows by a preponderance of the evidence that
      the violation was not intentional and resulted from a  bona  fide  error
      made notwithstanding the maintenance of procedures reasonably adopted to
      avoid such error.