2013 New York Consolidated Laws
GBS - General Business
Article 10-A - (155 - 159-A) TRUTH IN TRAVEL ACT
159 - Violations and penalties.


NY Gen Bus L § 159 (2012) What's This?
 
    §  159.  Violations  and penalties. 1. Except as otherwise provided by
  law, any travel consultant who shall violate the terms  of  section  one
  hundred fifty-eight of this article shall be guilty of a misdemeanor.
    2.  Except as otherwise provided by law, any travel promoter who shall
  knowingly violate the terms of section one hundred fifty-eight-a of this
  article shall be guilty of a misdemeanor.
    3. The district attorney of any county may bring an action in the name
  of the people of the state to restrain or prevent any violation of  this
  article or any continuance of any such violation.
    4.  Enforcement;  penalties.  Whenever  there  shall be a violation of
  section one  hundred  fifty-seven-a,  one  hundred  fifty-eight  or  one
  hundred fifty-eight-a 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 violations; 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  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.

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