Section 675. Civil liability


Latest version.
  • 1. Any person found to be in violation of this
      article shall be liable to the aggrieved consumer for all actual damages
      sustained  by  such consumer as a result of the violation, provided that
      any consumer who prevails or substantially prevails in an action brought
      under this section shall receive not less than five hundred  dollars  in
      damages,  regardless  of the amount of actual damage proved, plus costs,
      disbursements and reasonable attorneys' fees.
        2. 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 and 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
      article  has  occurred, the court may impose a civil penalty of not more
      than one thousand dollars for such 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.
        3.  No  action  may  be  brought  under the provisions of this section
      unless such action is commenced within two years from the  date  of  the
      act complained of or of the date of discovery of such act.