N.Y. General Business Law § 1414: Violations

§ 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.