§ 414 — Penalties

New York § 414

• Jurisdiction: New York
• Law PEP: Personal Property
• Art. 10: Retail Instalment Sales Act

Text

§ 414. Penalties. 1. Any person who shall wilfully violate any\nprovision of this article shall be guilty of a misdemeanor and upon\nconviction shall be punished by a fine not exceeding five hundred\ndollars.\n 2. In case of failure by any person to comply with the provisions of\nthis article, the buyer shall have the right to recover from such person\nan amount equal to the credit service charge or service charge imposed\nand the amount of any delinquency, collection, extension, deferral or\nrefinance charge imposed.\n 3. Notwithstanding the provisions of this section, any failure to\ncomply with any provision of this article may be corrected within ten\ndays after the holder is notified thereof in writing by the buyer and,\nif so corrected, neither the seller nor the holder shall be subject to\nany penalty under this section.\n 4. Subdivision three of this section shall not apply to any person who\nwilfully violates any provision of this article in connection with the\nimposition, computation or disclosures of or relating to a credit\nservice charge on a consolidated total of two or more contracts or\nobligations under the provisions of section four hundred ten, and the\nbuyer may recover from such person an amount equal to the credit service\ncharges and any delinquency, collection, extension, deferral or\nrefinance charges imposed, contracted for or received on all contracts\nand obligations included in the consolidated total and the seller shall\nbe barred from the recovery of any such charges.\n 5. Subdivisions one and three of this section shall not apply to any\nperson who violates subdivision two-a of section four hundred three of\nthis article.\n