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This entry was published on 2014-09-22
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Civil liability
General Business (GBS) CHAPTER 20, ARTICLE 32
§ 675. Civil liability. 1. Any person found to be in violation of this
article shall be liable to the aggrieved consumer for all actual damages
sustained by such consumer as a result of the violation, provided that
any consumer who prevails or substantially prevails in an action brought
under this section shall receive not less than five hundred dollars in
damages, regardless of the amount of actual damage proved, plus costs,
disbursements and reasonable attorneys' fees.

2. 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 by a special
proceeding to issue an injunction, and upon notice to the defendant of
not less than five days, to enjoin and restrain the continuance of such
violation; and if it shall appear to the satisfaction of the court or
justice that the defendant has, in fact, violated this article, 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 one thousand dollars for such 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.

3. No action may be brought under the provisions of this section
unless such action is commenced within two years from the date of the
act complained of or of the date of discovery of such act.