§ 507. Enforcement. 1. A consumer who has suffered a loss due to a
violation of this article by a merchant is entitled to recover from the
merchant actual damages, reasonable attorney's fees and court costs.

2. Whenever a court finds that a consumer has been injured because a
merchant acted in bad faith in its performance under this article, the
merchant shall be subject to a penalty of not less than one hundred
dollars nor more than one thousand dollars as determined by the court.

3. A violation of this article is a deceptive trade practice under
section three hundred forty-nine of the general business law.

4. 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 to issue an
injunction, and upon notice to the defendant of not less than five days,
to enjoin and restrain the continuance of such violations; and if it
shall appear to the satisfaction of the court or justice, that the
defendant has, in fact, violated this section 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 article has occurred, the court may
impose a civil penalty of not more than five hundred 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.

5. Nothing in this article shall be construed so as to nullify or
impair any right or rights which a consumer may have against a merchant
at common law, by statute, or otherwise.

6. A merchant or assignee may not be held liable in an action brought
under this article for a violation of this article that was
unintentional and resulted from a bona fide or clerical error
notwithstanding the maintenance of procedures reasonably adopted to
avoid any such error.

7. An action shall not be brought under this article more than four
years after the occurrence of the act, method or practice which is the
subject of the action or more than one year after the last payment in a
transaction involving the method, act or practice which is the subject
of the action, whichever is later.