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This entry was published on 2015-02-06
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SECTION 460-K
Additional civil penalty for consumer frauds committed against users of immigrant assistance services
General Business (GBS) CHAPTER 20, ARTICLE 28-C
§ 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.