New York § 1103 - 1103Violations and remedies

§ 1103. 1103Violations and remedies

§ 1103. Violations and remedies. 1. (a) A social media company that violates the provisions of this article shall be liable for a civil penalty not to exceed fifteen thousand dollars per violation per day, and may be enjoined in any court of competent jurisdiction. (b) A social media company shall be considered in violation of the provisions of this article for each day the social media company does any of the following: (i) fails to post terms of service in accordance with section eleven hundred two of this article; (ii) fails to timely submit to the attorney general a report required pursuant to section eleven hundred two of this article; or (iii) materially omits or misrepresents required information in a report submitted pursuant to section eleven hundred two of this article. (c) In assessing the amount of a civil penalty pursuant to paragraph (a) of this subdivision, the court shall consider whether the social media company has made a reasonable, good faith attempt to comply with the provisions of this article. 2. Actions for relief pursuant to this article shall be prosecuted exclusively in a court of competent jurisdiction by the attorney general in the name of the people of the state of New York. 3. Any social media company determined to have violated the provisions set forth in this article shall be granted a cure period of thirty calendar days from the date of notification of such violation. During this cure period, the company must take all necessary actions to rectify the identified violation or violations and achieve full compliance with the requirements delineated in this article. No civil penalty may be imposed against the company provided the violation is verifiably cured within the thirty-day timeframe to the satisfaction of the enforcing authority.