§ 350-d. Civil penalty.
(a)Any person, firm, corporation or\nassociation or agent or employee thereof who engages in any of the acts\nor practices stated in this article to be unlawful shall be liable to a\ncivil penalty of not more than five thousand dollars for each violation,\nwhich shall accrue to the state of New York and may be recovered in a\ncivil action brought by the attorney general. In any such action it\nshall be a complete defense that the advertisement is subject to and\ncomplies with the rules and regulations of, and the statutes\nadministered by the Federal Trade Commission or any official department,\ndivision, commission or agency of the state of New York.\n (b) Notwithstanding subdivision (a) of this section, any firm,\ncorporation or association or agent or employe
Free access — add to your briefcase to read the full text and ask questions with AI
§ 350-d. Civil penalty. (a) Any person, firm, corporation or\nassociation or agent or employee thereof who engages in any of the acts\nor practices stated in this article to be unlawful shall be liable to a\ncivil penalty of not more than five thousand dollars for each violation,\nwhich shall accrue to the state of New York and may be recovered in a\ncivil action brought by the attorney general. In any such action it\nshall be a complete defense that the advertisement is subject to and\ncomplies with the rules and regulations of, and the statutes\nadministered by the Federal Trade Commission or any official department,\ndivision, commission or agency of the state of New York.\n (b) Notwithstanding subdivision (a) of this section, any firm,\ncorporation or association or agent or employee thereof who engages in\nany of the acts or practices stated in section three hundred forty-nine\nof this article to be unlawful in connection with or during an abnormal\ndisruption of the market shall be liable to a civil penalty of not more\nthan fifteen thousand dollars for each violation or three times the\nactual restitution needed, whichever is greater, which shall accrue to\nthe state of New York and may be recovered in a civil action brought by\nthe attorney general. In any such action it shall be a complete defense\nthat the advertisement is subject to and complies with the rules and\nregulations of, and the statutes administered by the Federal Trade\nCommission or any official department, division, commission or agency of\nthe state of New York. For the purposes of this subdivision, "abnormal\ndisruption of the market" shall mean any change in the market, whether\nactual or imminently threatened, resulting from stress of weather,\nconvulsion of nature, failure or shortage of electric power or other\nsource of energy, strike, civil disorder, war, military action, national\nor local emergency, or other cause of an abnormal disruption of the\nmarket which results in the declaration of a state of emergency by the\ngovernor.\n