§ 460-K — Additional civil penalty for consumer frauds committed against users of immigrant assistance services

§ 460-k. Additional civil penalty for consumer frauds committed\nagainst users of immigrant assistance services. 1. (a) In addition to\nany liability for damages or a civil penalty imposed pursuant to\nsections three hundred forty-nine, three hundred fifty-c and three\nhundred fifty-d of this chapter, regarding deceptive practices and false\nadvertising, and subdivision twelve of section sixty-three of the\nexecutive law, regarding proceedings by the attorney general for\nequitable relief against fraudulent or illegal consumer fraud, a person\nor entity who engages in any conduct prohibited by said provisions of\nlaw, and whose conduct is perpetrated against one or more persons\nseeking or using immigrant assistance services, may be liable for an\nadditional civil penalty not to exceed ten thousand dollars, in\naccordance with paragraph (b) of this subdivision.\n (b) In determining whether to impose a supplemental civil penalty\npursuant to paragraph (a) of this subdivision, and the amount of any\nsuch penalty, the court shall consider, in addition to other appropriate\nfactors, the extent to which the following factors are present:\n (1) Whether the defendant knew that his or her conduct was directed to\none or more persons seeking or using immigrant assistance services or\nwhether the defendant knowingly acted with disregard for the rights of a\nperson seeking or using immigrant assistance services;\n (2) Whether the defendant's conduct: (i) caused a person seeking or\nusing immigrant assistance services to suffer loss or encumbrance of a\nprimary residence, loss of employment or source of income, substantial\nloss of property or assets essential to the health or welfare of the\nperson seeking or using immigrant assistance services; or (ii) whether\none or more persons seeking or using immigrant assistance services were\nsubstantially more vulnerable to the defendant's conduct because of\nimpaired understanding, or any other perceived disadvantage, and\nactually suffered physical or economic damage resulting from the\ndefendant's conduct.\n 2. Restitution ordered pursuant to the provisions of law listed in\nsubdivision one of this section or pursuant to any other section of law\nshall be given priority over the imposition of civil penalties ordered\nby the court under this section.\n