N.Y. General Business Law § 675: Civil liability

§ 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.