* § 1414. Violations. 1. The attorney general shall be authorized to
investigate complaints regarding a violation of this article and provide
appropriate remedies. Whenever the attorney general shall believe from
evidence satisfactory to them that any hiring party has engaged in or is
about to engage in any of the acts or practices stated to be unlawful
they may bring an action in the name and on behalf of the people of the
state of New York to enjoin such unlawful acts or practices and to
obtain restitution for one or more freelance workers of any moneys or
property obtained directly or indirectly by any such unlawful acts or
practices. In such action preliminary relief may be granted under
article sixty-three of the civil practice law and rules. In such action
a civil penalty in an amount not to exceed one thousand dollars for a
first violation, two thousand dollars for a second violation or three
thousand dollars for a third or subsequent violation may be sought by
the attorney general.

2. (a) A freelance worker alleging a violation of this article may
bring an action in any court of competent jurisdiction for damages.

(b) Any action alleging a violation of section fourteen hundred twelve
of this article shall be brought within two years after the acts alleged
to have violated this article occurred.

(c) Any action alleging a violation of section fourteen hundred eleven
of this article or section fourteen hundred thirteen of this article
shall be brought within six years after the acts alleged to have
violated this article occurred.

(d) Within ten days after having commenced a civil action pursuant to
this subdivision, a plaintiff shall serve a copy of the complaint upon
an authorized representative of the attorney general. Failure to so
serve a complaint does not adversely affect any plaintiff's cause of
action.

(e) A plaintiff who solely alleges a violation of section fourteen
hundred twelve of this article must prove that such plaintiff requested
a written contract before the contracted work began.

3. (a) A plaintiff who prevails on a claim alleging a violation of
section fourteen hundred eleven of this article shall be awarded damages
as described in this section and an award of reasonable attorneys' fees
and costs.

(b) (i) A plaintiff who prevails on a claim alleging a violation of
section fourteen hundred twelve of this article shall be awarded
statutory damages of two hundred fifty dollars.

(ii) A plaintiff who prevails on a claim alleging a violation of one
or more claims under provisions of this article shall be awarded
statutory damages equal to the value of the underlying contract for the
violation in addition to the remedies specified in this article for such
other violations.

(c) In addition to other damages awarded pursuant to this article, a
plaintiff who prevails on a claim alleging a violation of section
fourteen hundred eleven of this article is entitled to an award of
double damages, injunctive relief, and other such remedies as may be
appropriate.

(d) In addition to any other damages awarded pursuant to this article,
a plaintiff who prevails on a claim alleging a violation of section
fourteen hundred thirteen of this article is entitled to statutory
damages equal to the value of the underlying contract for each violation
arising under such section.

4. Nothing in this section prohibits:

(a) a person alleging a violation of this article from filing a civil
action based on the same facts as a civil action commenced by the
attorney general pursuant to this section; or

(b) the attorney general from sending a notice of complaint, unless
otherwise barred from doing so.

5. In any civil action commenced pursuant to this section, the trier
of fact may impose a civil penalty of not more than twenty-five thousand
dollars for a finding that a hiring party has engaged in a pattern or
practice of violations of this article. Any civil penalty so recovered
shall be paid into the general fund.

* NB Effective August 28, 2024