2006 New York Code - Enforcement

 
    §  507.  Enforcement.  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.