Section 507. Enforcement


Latest version.
  • 1.  A consumer who has suffered a loss due to a
      violation of this article by a merchant is entitled to recover from  the
      merchant actual damages, reasonable attorney's fees and court costs.
        2.  Whenever  a court finds that a consumer has been injured because a
      merchant acted in bad faith in its performance under this  article,  the
      merchant  shall  be  subject  to  a penalty of not less than one hundred
      dollars nor more than one thousand dollars as determined by the court.
        3. A violation of this article is a  deceptive  trade  practice  under
      section three hundred forty-nine of the general business law.
        4.  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 to issue an
      injunction, and upon notice to the defendant of not less than five days,
      to enjoin and restrain the continuance of such  violations;  and  if  it
      shall  appear  to  the  satisfaction  of  the court or justice, that the
      defendant has, in fact, violated  this  section  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 five hundred 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.
        5. Nothing in this article shall be construed  so  as  to  nullify  or
      impair  any right or rights which a consumer may have against a merchant
      at common law, by statute, or otherwise.
        6. A merchant or assignee may not be held liable in an action  brought
      under   this   article   for  a  violation  of  this  article  that  was
      unintentional  and  resulted  from  a  bona  fide  or   clerical   error
      notwithstanding  the  maintenance  of  procedures  reasonably adopted to
      avoid any such error.
        7. An action shall not be brought under this article  more  than  four
      years  after  the occurrence of the act, method or practice which is the
      subject of the action or more than one year after the last payment in  a
      transaction  involving  the method, act or practice which is the subject
      of the action, whichever is later.