§ 604-b. Penalties.
(a)Whenever there shall be a violation of this\narticle, an application may be made by the attorney general in the name\nof the people of the state of New York to a court or justice having\njurisdiction by a special proceeding to issue an injunction, and upon\nnotice to the defendant of not less than five days, to enjoin or\nrestrain the continuance of such violation; and if it shall appear to\nthe satisfaction of the court or justice that the defendant has, in\nfact, violated this article, an injunction may be issued by such court\nor justice, enjoining and restraining any further violation, without\nrequiring proof that any person has, in fact, been injured or damaged\nthereby. In any such proceeding, the court may make allowances to the\nattorney general as provid
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§ 604-b. Penalties. (a) Whenever there shall be a violation of this\narticle, an application may be made by the attorney general in the name\nof the people of the state of New York to a court or justice having\njurisdiction by a special proceeding to issue an injunction, and upon\nnotice to the defendant of not less than five days, to enjoin or\nrestrain the continuance of such violation; and if it shall appear to\nthe satisfaction of the court or justice that the defendant has, in\nfact, violated this article, an injunction may be issued by such court\nor justice, enjoining and restraining any further violation, without\nrequiring proof that any person has, in fact, been injured or damaged\nthereby. In any such proceeding, the court may make allowances to the\nattorney general as provided in paragraph six of subdivision (a) of\nsection eighty-three hundred three of the civil practice law and rules,\nand direct restitution. Whenever the court shall determine that a\nviolation of this section has occurred, the court may impose a civil\npenalty of not less than five hundred dollars nor more than one thousand\ndollars for each violation. In connection with any such proposed\napplication, the attorney general is authorized to take proof and make a\ndetermination of the relevant facts and to issue subpoenas in accordance\nwith the civil practice law and rules.\n (b) A principal creditor shall have no civil liability under this\narticle if, within fifteen days either after discovering a violation\nwhich is able to be cured, or after the receipt of a written notice of\nsuch violation, the principal creditor notifies the debtor of the\nviolation, and makes whatever adjustments or corrections are necessary\nto cure the violation with respect to the debtor.\n (c) No principal creditor shall be deemed to have violated the\nprovisions of this article, if such person, firm, partnership,\nassociation or corporation shows by a preponderance of the evidence that\nthe violation was not intentional and resulted from a bona fide error\nmade notwithstanding the maintenance of procedures reasonably adopted to\navoid such error.\n