2019 New York Laws
GBS - General Business
Article 28-C - Immigrant Assistance Services
460-K - Additional Civil Penalty for Consumer Frauds Committed Against Users of Immigrant Assistance Services.

§  460-k.  Additional  civil  penalty  for  consumer  frauds committed
against users of immigrant assistance services. 1. (a)  In  addition  to
any  liability  for  damages  or  a  civil  penalty  imposed pursuant to
sections three hundred  forty-nine,  three  hundred  fifty-c  and  three
hundred fifty-d of this chapter, regarding deceptive practices and false
advertising,  and  subdivision  twelve  of  section  sixty-three  of the
executive  law,  regarding  proceedings  by  the  attorney  general  for
equitable  relief against fraudulent or illegal consumer fraud, a person
or entity who engages in any conduct prohibited by  said  provisions  of
law,  and  whose  conduct  is  perpetrated  against  one or more persons
seeking or using immigrant assistance services, may  be  liable  for  an
additional  civil  penalty  not  to  exceed  ten  thousand  dollars,  in
accordance with paragraph (b) of this subdivision.
  (b) In determining whether to  impose  a  supplemental  civil  penalty
pursuant  to  paragraph  (a)  of this subdivision, and the amount of any
such penalty, the court shall consider, in addition to other appropriate
factors, the extent to which the following factors are present:
  (1) Whether the defendant knew that his or her conduct was directed to
one or more persons seeking or using immigrant  assistance  services  or
whether the defendant knowingly acted with disregard for the rights of a
person seeking or using immigrant assistance services;
  (2)  Whether  the  defendant's conduct: (i) caused a person seeking or
using immigrant assistance services to suffer loss or encumbrance  of  a
primary  residence,  loss of employment or source of income, substantial
loss of property or assets essential to the health  or  welfare  of  the
person  seeking  or using immigrant assistance services; or (ii) whether
one or more persons seeking or using immigrant assistance services  were
substantially  more  vulnerable  to  the  defendant's conduct because of
impaired  understanding,  or  any  other  perceived  disadvantage,   and
actually  suffered  physical  or  economic  damage  resulting  from  the
defendant's conduct.
  2. Restitution ordered pursuant to the provisions  of  law  listed  in
subdivision  one of this section or pursuant to any other section of law
shall be given priority over the imposition of civil  penalties  ordered
by the court under this section.