§ 1103 — Violations and remedies

New York § 1103

• Jurisdiction: New York
• Law GBS: General Business
• Art. 42: Social Media Terms of Service

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§ 1103. Violations and remedies. 1. (a) A social media company that\nviolates the provisions of this article shall be liable for a civil\npenalty not to exceed fifteen thousand dollars per violation per day,\nand may be enjoined in any court of competent jurisdiction.\n (b) A social media company shall be considered in violation of the\nprovisions of this article for each day the social media company does\nany of the following:\n (i) fails to post terms of service in accordance with section eleven\nhundred two of this article;\n (ii) fails to timely submit to the attorney general a report required\npursuant to section eleven hundred two of this article; or\n (iii) materially omits or misrepresents required information in a\nreport submitted pursuant to section eleven hundred two of this article.\n (c) In assessing the amount of a civil penalty pursuant to paragraph\n(a) of this subdivision, the court shall consider whether the social\nmedia company has made a reasonable, good faith attempt to comply with\nthe provisions of this article.\n 2. Actions for relief pursuant to this article shall be prosecuted\nexclusively in a court of competent jurisdiction by the attorney general\nin the name of the people of the state of New York.\n 3. Any social media company determined to have violated the provisions\nset forth in this article shall be granted a cure period of thirty\ncalendar days from the date of notification of such violation. During\nthis cure period, the company must take all necessary actions to rectify\nthe identified violation or violations and achieve full compliance with\nthe requirements delineated in this article. No civil penalty may be\nimposed against the company provided the violation is verifiably cured\nwithin the thirty-day timeframe to the satisfaction of the enforcing\nauthority.\n