Legislation
SECTION 604-B
Penalties
General Business (GBS) CHAPTER 20, ARTICLE 29-HH
§ 604-b. Penalties. (a) Whenever there shall be a violation of this
article, an application may be made by the attorney general in the name
of the people of the state of New York to a court or justice having
jurisdiction by a special proceeding to issue an injunction, and upon
notice to the defendant of not less than five days, to enjoin or
restrain the continuance of such violation; and if it shall appear to
the satisfaction of the court or justice that the defendant has, in
fact, violated this article, an injunction may be issued by such court
or justice, enjoining and restraining any further violation, without
requiring proof that any person has, in fact, been injured or damaged
thereby. In any such proceeding, the court may make allowances to the
attorney general as provided in paragraph six of subdivision (a) of
section eighty-three hundred three of the civil practice law and rules,
and direct restitution. Whenever the court shall determine that a
violation of this section has occurred, the court may impose a civil
penalty of not less than five hundred dollars nor more than one thousand
dollars for each violation. In connection with any such proposed
application, the attorney general is authorized to take proof and make a
determination of the relevant facts and to issue subpoenas in accordance
with the civil practice law and rules.
(b) A principal creditor shall have no civil liability under this
article if, within fifteen days either after discovering a violation
which is able to be cured, or after the receipt of a written notice of
such violation, the principal creditor notifies the debtor of the
violation, and makes whatever adjustments or corrections are necessary
to cure the violation with respect to the debtor.
(c) No principal creditor shall be deemed to have violated the
provisions of this article, if such person, firm, partnership,
association or corporation shows by a preponderance of the evidence that
the violation was not intentional and resulted from a bona fide error
made notwithstanding the maintenance of procedures reasonably adopted to
avoid such error.
article, an application may be made by the attorney general in the name
of the people of the state of New York to a court or justice having
jurisdiction by a special proceeding to issue an injunction, and upon
notice to the defendant of not less than five days, to enjoin or
restrain the continuance of such violation; and if it shall appear to
the satisfaction of the court or justice that the defendant has, in
fact, violated this article, an injunction may be issued by such court
or justice, enjoining and restraining any further violation, without
requiring proof that any person has, in fact, been injured or damaged
thereby. In any such proceeding, the court may make allowances to the
attorney general as provided in paragraph six of subdivision (a) of
section eighty-three hundred three of the civil practice law and rules,
and direct restitution. Whenever the court shall determine that a
violation of this section has occurred, the court may impose a civil
penalty of not less than five hundred dollars nor more than one thousand
dollars for each violation. In connection with any such proposed
application, the attorney general is authorized to take proof and make a
determination of the relevant facts and to issue subpoenas in accordance
with the civil practice law and rules.
(b) A principal creditor shall have no civil liability under this
article if, within fifteen days either after discovering a violation
which is able to be cured, or after the receipt of a written notice of
such violation, the principal creditor notifies the debtor of the
violation, and makes whatever adjustments or corrections are necessary
to cure the violation with respect to the debtor.
(c) No principal creditor shall be deemed to have violated the
provisions of this article, if such person, firm, partnership,
association or corporation shows by a preponderance of the evidence that
the violation was not intentional and resulted from a bona fide error
made notwithstanding the maintenance of procedures reasonably adopted to
avoid such error.