N.Y. Personal Property Law § 507: Enforcement

§ 507. Enforcement. 1. A consumer who has suffered a loss due to a

violation of this article by a merchant is entitled to recover from the

merchant actual damages, reasonable attorney's fees and court costs.

2. Whenever a court finds that a consumer has been injured because a

merchant acted in bad faith in its performance under this article, the

merchant shall be subject to a penalty of not less than one hundred

dollars nor more than one thousand dollars as determined by the court.

3. A violation of this article is a deceptive trade practice under

section three hundred forty-nine of the general business law.

4. 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 to issue an

injunction, and upon notice to the defendant of not less than five days,

to enjoin and restrain the continuance of such violations; and if it

shall appear to the satisfaction of the court or justice, that the

defendant has, in fact, violated this section 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 five hundred dollars for each

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.

5. Nothing in this article shall be construed so as to nullify or

impair any right or rights which a consumer may have against a merchant

at common law, by statute, or otherwise.

6. A merchant or assignee may not be held liable in an action brought

under this article for a violation of this article that was

unintentional and resulted from a bona fide or clerical error

notwithstanding the maintenance of procedures reasonably adopted to

avoid any such error.

7. An action shall not be brought under this article more than four

years after the occurrence of the act, method or practice which is the

subject of the action or more than one year after the last payment in a

transaction involving the method, act or practice which is the subject

of the action, whichever is later.