City of Oswego, NY
Oswego County
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Table of Contents
Table of Contents
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.