N.Y. General Business Law § 778-ddd: Enforcement; action by the attorney general

§ 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.