N.Y. General Business Law § 460-k: Additional civil penalty for consumer frauds committed against users of immigrant assistance services

§ 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.