New York § 507 - 507Enforcement

§ 507. 507Enforcement

§ 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.