Legislation
SECTION 602
Violations and penalties
General Business (GBS) CHAPTER 20, ARTICLE 29-H
§ 602. Violations and penalties. 1. Except as otherwise provided by
law, any person who violates the terms of section six hundred one of
this article is guilty of a misdemeanor, and each such violation shall
be deemed a separate offense. A violation by any person of section six
hundred one-a of this article, if such violation constitutes the first
such offense by such person, is punishable by a civil penalty not to
exceed two hundred fifty dollars. The second offense and any offense
committed thereafter is punishable by a civil penalty not to exceed five
hundred dollars.
2. The attorney general or the district attorney of any county may
bring an action in the name of the people of the state to restrain or
prevent any violation of this article or any continuance of any such
violation.
3. Any aggrieved person or entity served with more than fifty
information subpoenas per month by a principal creditor or his or her
agent shall also have a cause of action to challenge compliance with
subdivision ten of section six hundred one of this article and/or the
certification requirements of rule fifty-two hundred twenty-four of the
civil practice law and rules. In such action, a successful plaintiff
shall be awarded ten dollars for each information subpoena served upon
such plaintiff where it is shown that the required certification for
such information subpoena was not made pursuant to rule fifty-two
hundred twenty-four of the civil practice law and rules, that the
required record for such information subpoena was not maintained
pursuant to subdivision ten of section six hundred one of this article,
or that the specific grounds for the certification required to accompany
such information subpoena pursuant to rule fifty-two hundred twenty-four
of the civil practice law and rules were not reasonable. A successful
plaintiff may also be awarded court costs and attorney fees.
law, any person who violates the terms of section six hundred one of
this article is guilty of a misdemeanor, and each such violation shall
be deemed a separate offense. A violation by any person of section six
hundred one-a of this article, if such violation constitutes the first
such offense by such person, is punishable by a civil penalty not to
exceed two hundred fifty dollars. The second offense and any offense
committed thereafter is punishable by a civil penalty not to exceed five
hundred dollars.
2. The attorney general or the district attorney of any county may
bring an action in the name of the people of the state to restrain or
prevent any violation of this article or any continuance of any such
violation.
3. Any aggrieved person or entity served with more than fifty
information subpoenas per month by a principal creditor or his or her
agent shall also have a cause of action to challenge compliance with
subdivision ten of section six hundred one of this article and/or the
certification requirements of rule fifty-two hundred twenty-four of the
civil practice law and rules. In such action, a successful plaintiff
shall be awarded ten dollars for each information subpoena served upon
such plaintiff where it is shown that the required certification for
such information subpoena was not made pursuant to rule fifty-two
hundred twenty-four of the civil practice law and rules, that the
required record for such information subpoena was not maintained
pursuant to subdivision ten of section six hundred one of this article,
or that the specific grounds for the certification required to accompany
such information subpoena pursuant to rule fifty-two hundred twenty-four
of the civil practice law and rules were not reasonable. A successful
plaintiff may also be awarded court costs and attorney fees.