A.
Criminal penalties.
(1)
Knowingly and willfully engaging in, committing or assisting
another to commit a deceptive trade practice or engaging in, committing or
assisting another to commit an unconscionable trade practice is an offense.
(2)
Any person who shall knowingly and willfully violate
this chapter by committing or assisting in the commission of a deceptive trade
practice or an unconscionable trade practice shall be punished by a fine of
not less than one hundred fifty dollars ($150.) and not more than two hundred
fifty dollars ($250.) or by imprisonment for not more than fifteen (15) days,
or by both a fine and imprisonment.
B.
Civil penalties.
(1)
Any person who shall violate any provision of this chapter
or the rules and regulations promulgated thereunder shall be liable to a civil
penalty in the sum of not more than one thousand dollars ($1,000.).
(2)
Upon a finding by the Consumer Complaint Investigator,
or any city officer or employee designated by the Mayor, of repeated, multiple
or persistent violations of any provisions of the Consumer Code or of any
rule or regulation promulgated thereunder, the Consumer Complaint Investigator,
or any city officer or employee designated by the Mayor, may, with the consent
of the City Attorney, bring an action to compel the violator to pay all moneys,
properties or other things or proceeds therefrom received as a result of such
violations into court to be disbursed pursuant to the applicable provisions
of the New York Civil Practice Law and Rules.
(3)
In any action brought under the provisions of this chapter
or the rules and regulations promulgated thereunder, the Office of Consumer
Affairs, or any other department designated by the Mayor, is entitled to recover
from the violator the office's or department's cost for investigation and
hearing, provided that a repeated, multiple or persistent violation has been
established by the Consumer Complaint Investigator, or any city officer or
employee designated by the Mayor, of said office or department.
C.
Remedies.
(1)
Whenever any person has engaged in any practices which
constitute violations of any provisions of this chapter or any rule or regulation
promulgated thereto, the Office of Consumer Affairs, or any other department
designated by the Mayor, may make application to the Supreme Court for an
order enjoining such acts or practices and for an order granting a temporary
or permanent injunction, restraining order or other order enjoining such acts
or practices.
(2)
Whenever any person has engaged in an unconscionable
or deceptive trade practice to the detriment of a consumer, such consumer
may seek redress in a court of appropriate jurisdiction, except that no consumer
shall have the authority to sue for a civil penalty or to commence a criminal
action as provided by the Consumer Code.
D.
Settlements.
(1)
In lieu of instituting or continuing an action pursuant
to this Consumer Code or any rule or regulation promulgated thereto, the Consumer
Complaint Investigator, or any city officer or employee designated by the
Mayor, may accept a written assurance of discontinuance of any act or practice
in violation of this chapter from the person or persons who have engaged in
such acts or practices. Such settlement agreement may include, but is not
limited to, a stipulation for voluntary payment by the violator or the costs
or investigation by the Consumer Complaint Investigator or any city officer
or employee designated by the Mayor and may include a stipulation for the
restitution by the consumer of money, property or other things received from
them in connection with a violation of this chapter, including money necessarily
expended in the course of making and pursuing a complaint to the Consumer
Complaint Investigator or any city officer or employee designated by the Mayor.
If such stipulation applies to consumers who have been affected by the violator's
practice but have not yet complained to the Consumer Complaint Investigator
or any city officer or employee designated by the Mayor, the settlement agreement
must be approved by court, which shall direct the minimum means by which potential
claimants shall be notified of the agreement. A consumer need not accept restitution
pursuant to such a settlement agreement; his acceptance shall bar recovery
of any other damages in any action by him against the defendant or defendants
on account of the same acts or practices.
(2)
All settlement agreements shall be made a matter of public
record.
(3)
Violation of a settlement agreement entered into pursuant
to this section shall be treated as a violation of this chapter and shall
be subject to all the penalties provided therefor.
Any person or persons jointly or severally aggrieved by any final order
of the Consumer Complaint Investigator, or any city officer or employee designated
by the Mayor, of the Office of Consumer Affairs, or any other department designated
by the Mayor, may seek to have such order reviewed by a court of competent
jurisdiction in the manner prescribed by law.
