Legislation
SECTION 1802
Enforcement
General Business (GBS) CHAPTER 20, ARTICLE 48
* § 1802. Enforcement. 1. Whenever it appears to the attorney general,
either upon complaint or otherwise, that any person, within or outside
the state, has engaged in or is about to engage in any of the acts or
practices deemed unlawful pursuant to this article, the attorney general
may bring an action or special proceeding in the name and on behalf of
the people of the state of New York to enjoin any violation of this
article, to obtain injunctive relief, restitution of any moneys or
property obtained directly or indirectly by any such violation, to
obtain disgorgement of any profits or gains obtained directly or
indirectly by any such violation, including but not limited to the
destruction of unlawfully obtained data and any algorithm trained in
such data, to obtain damages caused directly or indirectly by any such
violation, to obtain civil penalties of up to twenty-five thousand
dollars per violation, and to obtain any such other and further relief
as the court may deem proper, including preliminary relief.
2. The attorney general shall maintain a website to receive
complaints, information or referrals from members of the public
concerning a person's alleged compliance or non-compliance with the
provisions of this article.
3. A provision within a contract or agreement that seeks to waive,
preclude, or burden the enforcement of a liability arising from a
violation of this article, or to shift the liability to any person in
exchange for their use or access of, or right to use or access, an
operator's products or services, including by means of a contract of
adhesion shall be deemed void as a matter of public policy.
4. Notwithstanding any private agreements to the contrary, a court
shall impose joint and several liability on affiliated entities for
purposes of effecting the intent of this article to the maximum extent
allowed by law if the court concludes the following are true:
(a) the affiliated entities, in the development or implementation of
the corporate structure among the affiliated entities, took steps to
purposely and unreasonably limit or avoid liability; and
(b) as the result of the steps described in paragraph (a) of this
subdivision, the corporate structure of the operator or affiliated
entities would frustrate recovery of relief authorized by this article.
* NB Effective January 1, 2027
either upon complaint or otherwise, that any person, within or outside
the state, has engaged in or is about to engage in any of the acts or
practices deemed unlawful pursuant to this article, the attorney general
may bring an action or special proceeding in the name and on behalf of
the people of the state of New York to enjoin any violation of this
article, to obtain injunctive relief, restitution of any moneys or
property obtained directly or indirectly by any such violation, to
obtain disgorgement of any profits or gains obtained directly or
indirectly by any such violation, including but not limited to the
destruction of unlawfully obtained data and any algorithm trained in
such data, to obtain damages caused directly or indirectly by any such
violation, to obtain civil penalties of up to twenty-five thousand
dollars per violation, and to obtain any such other and further relief
as the court may deem proper, including preliminary relief.
2. The attorney general shall maintain a website to receive
complaints, information or referrals from members of the public
concerning a person's alleged compliance or non-compliance with the
provisions of this article.
3. A provision within a contract or agreement that seeks to waive,
preclude, or burden the enforcement of a liability arising from a
violation of this article, or to shift the liability to any person in
exchange for their use or access of, or right to use or access, an
operator's products or services, including by means of a contract of
adhesion shall be deemed void as a matter of public policy.
4. Notwithstanding any private agreements to the contrary, a court
shall impose joint and several liability on affiliated entities for
purposes of effecting the intent of this article to the maximum extent
allowed by law if the court concludes the following are true:
(a) the affiliated entities, in the development or implementation of
the corporate structure among the affiliated entities, took steps to
purposely and unreasonably limit or avoid liability; and
(b) as the result of the steps described in paragraph (a) of this
subdivision, the corporate structure of the operator or affiliated
entities would frustrate recovery of relief authorized by this article.
* NB Effective January 1, 2027