Legislation

* § 778-ddd. Enforcement; action by the attorney general. Where the
attorney general shall have reason to believe that there is an alleged
violation of this article based upon, among other things, a consumer
report of an alleged violation, the attorney general, in the name of the
people of the state of New York, shall dispatch a cease and desist
letter to the entity at issue, specifying the alleged violation or
violations and the remedies to cure such violation or violations within
a designated timeline. Where, after receipt of the cease and desist
letter and the expiration of such designated timeline, the entity
continues to violate the provisions 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 respondent of
not less than five days, to enjoin and restrain the continuance of such
violation or violations; and if it shall appear to the satisfaction of
the court or justice that the respondent 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. 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
each violation. This section shall not be construed to limit any other
criminal or civil liability such entity may be subject to under law.

* NB Effective March 12, 2026