§ 602 — Violations and penalties

New York § 602

• Jurisdiction: New York
• Law GBS: General Business
• Art. 29-H: Debt Collection Procedures

Text

§ 602. Violations and penalties. 1. Except as otherwise provided by\nlaw, any person who violates the terms of section six hundred one of\nthis article is guilty of a misdemeanor, and each such violation shall\nbe deemed a separate offense. A violation by any person of section six\nhundred one-a of this article, if such violation constitutes the first\nsuch offense by such person, is punishable by a civil penalty not to\nexceed two hundred fifty dollars. The second offense and any offense\ncommitted thereafter is punishable by a civil penalty not to exceed five\nhundred dollars.\n 2. The attorney general or the district attorney of any county may\nbring an action in the name of the people of the state to restrain or\nprevent any violation of this article or any continuance of any such\nviolation.\n 3. Any aggrieved person or entity served with more than fifty\ninformation subpoenas per month by a principal creditor or his or her\nagent shall also have a cause of action to challenge compliance with\nsubdivision ten of section six hundred one of this article and/or the\ncertification requirements of rule fifty-two hundred twenty-four of the\ncivil practice law and rules. In such action, a successful plaintiff\nshall be awarded ten dollars for each information subpoena served upon\nsuch plaintiff where it is shown that the required certification for\nsuch information subpoena was not made pursuant to rule fifty-two\nhundred twenty-four of the civil practice law and rules, that the\nrequired record for such information subpoena was not maintained\npursuant to subdivision ten of section six hundred one of this article,\nor that the specific grounds for the certification required to accompany\nsuch information subpoena pursuant to rule fifty-two hundred twenty-four\nof the civil practice law and rules were not reasonable. A successful\nplaintiff may also be awarded court costs and attorney fees.\n