§ 675 — Civil liability

§ 675. Civil liability. 1. Any person found to be in violation of this\narticle shall be liable to the aggrieved consumer for all actual damages\nsustained by such consumer as a result of the violation, provided that\nany consumer who prevails or substantially prevails in an action brought\nunder this section shall receive not less than five hundred dollars in\ndamages, regardless of the amount of actual damage proved, plus costs,\ndisbursements and reasonable attorneys' fees.\n 2. Whenever there shall be a violation of this article, an application\nmay be made by the attorney general in the name of the people of the\nstate of New York to a court or justice having jurisdiction by a special\nproceeding to issue an injunction, and upon notice to the defendant of\nnot less than five days, to enjoin and restrain the continuance of such\nviolation; and if it shall appear to the satisfaction of the court or\njustice that the defendant has, in fact, violated this article, an\ninjunction may be issued by such court or justice, enjoining and\nrestraining any further violation, without requiring proof that any\nperson has, in fact, been injured or damaged thereby. In any such\nproceeding, the court may make allowances to the attorney general as\nprovided in paragraph six of subdivision (a) of section eighty-three\nhundred three of the civil practice law and rules, and direct\nrestitution. Whenever the court shall determine that a violation of this\narticle has occurred, the court may impose a civil penalty of not more\nthan one thousand dollars for such violation. In connection with any\nsuch proposed application, the attorney general is authorized to take\nproof and make a determination of the relevant facts and to issue\nsubpoenas in accordance with the civil practice law and rules.\n 3. No action may be brought under the provisions of this section\nunless such action is commenced within two years from the date of the\nact complained of or of the date of discovery of such act.\n