Section 660. Construction


Latest version.
  • 1. This article neither enlarges nor diminishes
      the rights of parties in private litigation except as provided  in  this
      section.
        2.  Any person who has been injured by reason of any violation of this
      article may bring an action in his own name to enjoin such unlawful  act
      or  practice,  an action to recover his actual damages or fifty dollars,
      whichever is greater, or both  such  actions.  The  court  may,  in  its
      discretion,  increase  the  award  of damages to an amount not to exceed
      three times the actual damages, up to  ten  thousand  dollars,  together
      with  an  award  for  reasonable attorney's fees, if the court finds the
      defendant willfully or knowingly violated this section.
        3. The attorney general may enforce the provisions of this article  by
      exercising  the  powers  granted  to him or her by subdivision twelve of
      section sixty-three of the executive law.
        4. Whenever the court shall determine that an operator has engaged  in
      repeated fraudulent or illegal acts, as defined in subdivision twelve of
      section  sixty-three  of  the executive law, in violation of section six
      hundred fifty-three, six hundred fifty-four, six hundred fifty-five, six
      hundred fifty-six or six hundred fifty-seven of this article, the  court
      may  impose  a  civil  penalty of not more than five hundred dollars for
      each such act.