Bill Text: NY S01958 | 2011-2012 | General Assembly | Introduced
Bill Title: Regulates persons who advertise using unsolicited written communications or telephone conservations to protect personal privacy; requires disclosure of the source of the listing and notice of right not to receive unsolicited telephone calls; requires advertising entities to maintain an exclusion list and authorizes a cause of action to enjoin unwanted solicitation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-14 - REFERRED TO CONSUMER PROTECTION [S01958 Detail]
Download: New_York-2011-S01958-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1958
2011-2012 Regular Sessions
I N S E N A T E
January 14, 2011
___________
Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to the regulation
of unsolicited advertisements and the sale, rental or exchange of
personal information
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative findings and declaration. The legislature
2 hereby finds and declares that the use of computers, data bases and
3 information sharing threaten the privacy of our citizens. Personal iden-
4 tification information is compiled and transferred without the knowledge
5 and consent of the data subject. In many situations, personal identifi-
6 cation information is being used for secondary purposes, purposes
7 different from the one for which the information was originally given or
8 obtained. Improper collection and dissemination of personal identifica-
9 tion information not only infringes upon individual privacy but also has
10 increased the ability of unethical persons to engage in fraud and theft.
11 In addition, collection and dissemination of personal identification
12 information can threaten the security of those who wish to keep their
13 addresses and other information secret. For these reasons, the legisla-
14 ture proposes this statute to provide a means by which citizens can
15 protect their personal identification information.
16 S 2. The general business law is amended by adding two new sections
17 394-f and 394-g to read as follows:
18 S 394-F. UNSOLICITED ADVERTISEMENTS. 1. FOR PURPOSES OF THIS SECTION
19 THE TERMS:
20 (A) "UNSOLICITED ADVERTISEMENT" SHALL MEAN ANY WRITTEN SOLICITATION
21 FOR THE PURCHASE, LEASE, CONTRACT OR INVESTMENT IN PROPERTY, GOODS OR
22 SERVICES, INCLUDING THE OFFERING OF A PRIZE IN EXCHANGE FOR A PURCHASE
23 OR FOR ATTENDANCE AT ANY LOCATION FOR PURPOSES OF A SOLICITATION, OR
24 CONTRIBUTION TO ANY NATURAL PERSON WITHOUT THAT NATURAL PERSON'S EXPRESS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06667-01-1
S. 1958 2
1 INVITATION OR PERMISSION. HOWEVER, UNSOLICITED ADVERTISEMENT SHALL NOT
2 INCLUDE COMMUNITY PUBLICATIONS WHICH ARE DISTRIBUTED TO THE PUBLIC,
3 WITHOUT CONSIDERATION, FOR PURPOSES OF COMMUNITY INFORMATION AND COMMU-
4 NITY ADVERTISING WHICH ARE EXEMPT FROM SALES AND USE TAX PURSUANT TO
5 SUBDIVISION (I) OF SECTION ELEVEN HUNDRED FIFTEEN OF THE TAX LAW;
6 (B) "UNSOLICITED TELEPHONE ADVERTISEMENT" SHALL MEAN THE INITIATION OF
7 ANY TELEPHONE CALL OR MESSAGE SOLICITING THE PURCHASE, LEASE, CONTRACT
8 OR INVESTMENT IN PROPERTY, GOODS OR SERVICES, INCLUDING THE OFFERING OF
9 A PRIZE IN EXCHANGE FOR A PURCHASE OR FOR ATTENDANCE AT ANY LOCATION FOR
10 PURPOSES OF A SOLICITATION, OR CONTRIBUTION TO ANY NATURAL PERSON WITH-
11 OUT THAT NATURAL PERSON'S EXPRESS INVITATION OR PERMISSION;
12 (C) "CONSUMER" SHALL MEAN A NATURAL PERSON WHO IS SOLICITED TO
13 PURCHASE, RENT OR INVEST IN PROPERTY, GOODS OR SERVICES INCLUDING
14 RECEIVING A PRIZE IN EXCHANGE FOR A PURCHASE OR ATTENDANCE; AND
15 (D) "ESTABLISHED BUSINESS RELATIONSHIP" SHALL MEAN A PRIOR OR EXISTING
16 RELATIONSHIP FORMED BY A VOLUNTARY COMMUNICATION BETWEEN A DATA SUBJECT
17 AND A PERSON, FIRM, PARTNERSHIP, CORPORATION OR ASSOCIATION ON THE BASIS
18 OF AN APPLICATION, PURCHASE OR TRANSACTION BY THE CONSUMER REGARDING
19 PROPERTY, GOODS OR SERVICES OFFERED BY SUCH PERSON, FIRM, PARTNERSHIP,
20 CORPORATION OR ASSOCIATION WITHIN THE PAST YEAR WHICH RELATIONSHIP HAS
21 NOT BEEN TERMINATED BY THE CONSUMER OR THE PERSON, FIRM, PARTNERSHIP,
22 CORPORATION OR ASSOCIATION.
23 2. WHENEVER A PERSON, FIRM, PARTNERSHIP, CORPORATION OR ASSOCIATION
24 PURCHASES OR ACQUIRES THROUGH TRADE A LISTING OF CONSUMERS UTILIZED IN
25 ANY DIRECT UNSOLICITED ADVERTISEMENT, SUCH PERSON, FIRM, PARTNERSHIP,
26 CORPORATION OR ASSOCIATION SHALL PROVIDE WRITTEN NOTICE TO THE CONSUMER
27 WITHIN THE ADVERTISEMENT OR AFFIXED THERETO OF THE CONSUMER'S RIGHT,
28 HEREBY GRANTED, OF DELETING HIS OR HER NAME AND ADDRESS FROM SUCH MAIL-
29 ING LIST AND OF HIS OR HER RIGHT NOT TO RECEIVE ANY FURTHER UNSOLICITED
30 ADVERTISEMENT. SUCH WRITTEN DISCLOSURE SHALL ALSO INDICATE THAT SUCH
31 CONSUMER MAY AT ANY TIME DELETE HIS OR HER NAME AND ADDRESS FROM SUCH
32 MAILING LIST. SUCH WRITTEN DISCLOSURE SHALL BE MADE IN A CLEAR AND
33 CONSPICUOUS MANNER AND SHALL PROVIDE A REASONABLE METHOD BY WHICH THE
34 CONSUMER CAN EXERCISE SUCH PREFERENCE.
35 3. WHENEVER A PERSON, FIRM, PARTNERSHIP, CORPORATION OR ASSOCIATION
36 PURCHASES OR ACQUIRES THROUGH TRADE A LISTING OF CONSUMERS UTILIZED IN
37 ANY UNSOLICITED TELEPHONE ADVERTISEMENT, SUCH PERSON, FIRM, PARTNERSHIP,
38 CORPORATION OR ASSOCIATION SHALL DISCLOSE TO SUCH CONSUMER THAT HE OR
39 SHE HAS THE RIGHT, HEREBY GRANTED, OF DELETING HIS OR HER NAME, ADDRESS
40 AND TELEPHONE NUMBER FROM SUCH TELEPHONE LIST AND OF HIS OR HER RIGHT
41 NOT TO RECEIVE ANY FURTHER UNSOLICITED TELEPHONE ADVERTISEMENT.
42 SUCH DISCLOSURE SHALL BE MADE AT THE BEGINNING OF THE TELEPHONE CALL
43 AND SHALL BE MADE IN A CLEAR AND CONSPICUOUS MANNER AND SHALL INFORM THE
44 CONSUMER THAT HE OR SHE CAN REMOVE HIS OR HER NAME, TELEPHONE NUMBER AND
45 ADDRESS FROM THE LIST AT ANY TIME AND SHALL INFORM THE CONSUMER OF THE
46 REASONABLE MEANS BY WHICH THE CONSUMER CAN EXERCISE SUCH PREFERENCE.
47 4. SUCH PERSON, FIRM, PARTNERSHIP, CORPORATION OR ASSOCIATION REFERRED
48 TO IN SUBDIVISIONS TWO AND THREE OF THIS SECTION, SHALL MAINTAIN AN
49 EXCLUSION LIST AND SHALL NOT SEND ANY UNSOLICITED ADVERTISEMENT OR MAKE
50 ANY UNSOLICITED TELEPHONE ADVERTISEMENT TO ANY CONSUMER ON SUCH LIST.
51 SUCH PERSON, FIRM, PARTNERSHIP, CORPORATION OR ASSOCIATION SHALL BE
52 PROHIBITED FROM USING SUCH LIST FOR ANY PURPOSE OTHER THAN COMPLIANCE
53 WITH THE REQUIREMENTS OF THIS SECTION AND SUCH PERSON, FIRM, PARTNER-
54 SHIP, CORPORATION OR ASSOCIATION SHALL NOT SELL, RENT, EXCHANGE OR
55 OTHERWISE MAKE AVAILABLE SUCH EXCLUSION LIST TO ANY THIRD PARTY.
S. 1958 3
1 5. NO PERSON, FIRM, PARTNERSHIP, CORPORATION OR ASSOCIATION SHALL BE
2 DEEMED TO HAVE VIOLATED THE PROVISIONS OF THIS SECTION, IF SUCH PERSON,
3 FIRM, PARTNERSHIP, CORPORATION OR ASSOCIATION SHOWS, BY A PREPONDERANCE
4 OF THE EVIDENCE, THAT THE VIOLATION WAS NOT INTENTIONAL AND RESULTED
5 FROM A BONA FIDE ERROR MADE NOTWITHSTANDING THE MAINTENANCE OF PROCE-
6 DURES REASONABLY ADOPTED TO AVOID ANY SUCH ERROR.
7 6. DISCLOSURE SHALL NOT BE REQUIRED IN INSTANCES WHERE SUCH PERSON,
8 FIRM, PARTNERSHIP, CORPORATION OR ASSOCIATION HAS AN ESTABLISHED BUSI-
9 NESS RELATIONSHIP WITH SUCH CONSUMER.
10 7. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF SUBDIVISION
11 TWO OR THREE OF THIS SECTION HAS OCCURRED, THE COURT SHALL IMPOSE A
12 CIVIL PENALTY NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS. WHENEVER THE
13 COURT SHALL DETERMINE THAT A VIOLATION OF SUBDIVISION FOUR OF THIS
14 SECTION HAS OCCURRED, IF SUCH VIOLATION CONSTITUTES THE FIRST SUCH
15 OFFENSE BY SUCH PERSON, FIRM, PARTNERSHIP, CORPORATION OR ASSOCIATION,
16 THE COURT SHALL IMPOSE A CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED
17 DOLLARS. A SECOND OFFENSE AND ANY OFFENSE COMMITTED THEREAFTER SHALL BE
18 PUNISHABLE BY A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS.
19 8. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION AN APPLICATION
20 MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
21 STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
22 PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF
23 NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH
24 VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR
25 JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS SECTION, AN
26 INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE, ENJOINING AND
27 RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT REQUIRING PROOF THAT ANY
28 PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY SUCH
29 PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
30 PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
31 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
32 TION. IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION THE ATTORNEY
33 GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE
34 RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC-
35 TICE LAW AND RULES.
36 9. ANY PERSON WHO HAS BEEN INJURED BY REASON OF ANY VIOLATION OF THIS
37 SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME TO ENJOIN SUCH UNLAW-
38 FUL ACT OR PRACTICE, AN ACTION TO RECOVER HIS OR HER ACTUAL DAMAGES OR
39 FIFTY DOLLARS, WHICHEVER IS GREATER, OR BOTH SUCH ACTIONS. THE COURT
40 MAY, IN ITS DISCRETION, INCREASE THE AWARD OF DAMAGES TO AN AMOUNT NOT
41 TO EXCEED THREE TIMES THE ACTUAL DAMAGES UP TO ONE THOUSAND DOLLARS, IF
42 THE COURT FINDS THE DEFENDANT WILLFULLY OR KNOWINGLY VIOLATED THIS
43 SECTION. THE COURT MAY AWARD REASONABLE ATTORNEY'S FEES TO A PREVAILING
44 PLAINTIFF.
45 S 394-G. SALE, RENTAL OR EXCHANGE OF PERSONAL IDENTIFICATION INFORMA-
46 TION. 1. FOR PURPOSES OF THIS SECTION THE TERM: (A) "COMMERCIAL
47 PURPOSES" SHALL MEAN THE SOLICITATION FOR THE PURCHASE, LEASE, CONTRACT
48 OR INVESTMENT IN PROPERTY, GOODS OR SERVICES, INCLUDING THE OFFERING OF
49 A PRIZE IN EXCHANGE FOR A PURCHASE OR FOR ATTENDANCE AT ANY LOCATION FOR
50 PURPOSES OF A SOLICITATION, THE SOLICITATION FOR A CONTRIBUTION OR THE
51 BUSINESS OF COMPILING PERSONAL IDENTIFICATION INFORMATION FOR SALE,
52 LEASE OR RENT;
53 (B) "PERSONAL IDENTIFICATION INFORMATION" SHALL MEAN ANY INFORMATION
54 WHICH MAY INCLUDE, BUT MAY NOT BE LIMITED TO, A NATURAL PERSON'S NAME,
55 ADDRESS, TELEPHONE NUMBER, PURCHASING HISTORY AND SERVICES CONTRACTED,
56 OCCUPATION, AGE AND SEX; AND
S. 1958 4
1 (C) "DATA SUBJECT" SHALL MEAN A NATURAL PERSON ABOUT WHOM PERSONAL
2 IDENTIFICATION INFORMATION HAS BEEN COLLECTED.
3 2. EVERY PERSON, FIRM, PARTNERSHIP, CORPORATION OR ASSOCIATION WHO
4 SELLS, RENTS, EXCHANGES OR RELEASES PERSONAL IDENTIFICATION INFORMATION
5 TO OTHER PERSONS AND/OR AFFILIATES FOR THEIR COMMERCIAL PURPOSES SHALL
6 UPON THE INITIAL CONTACT WITH A DATA SUBJECT, IN WRITING DISCLOSE AND AT
7 LEAST ANNUALLY THEREAFTER IN WRITING DISCLOSE SUCH PRACTICE TO THE DATA
8 SUBJECT. SUCH WRITTEN NOTIFICATION SHALL DISCLOSE CLEARLY AND CONSPICU-
9 OUSLY THE PRACTICE OF SELLING, RENTING, EXCHANGING OR RELEASING PERSONAL
10 IDENTIFICATION INFORMATION AND SHALL INFORM THE DATA SUBJECT OF THE
11 OPTION, HEREBY GRANTED, OF PROHIBITING THE SALE, RENTAL, EXCHANGE OR
12 RELEASE OF THE PERSONAL IDENTIFICATION INFORMATION OF SUCH DATA SUBJECT
13 TO OTHER PERSONS AND/OR AFFILIATES FOR THEIR COMMERCIAL PURPOSES. SUCH
14 NOTICE SHALL ALSO DISCLOSE THE REASONABLE METHOD BY WHICH A DATA SUBJECT
15 CAN INDICATE SUCH PREFERENCE AND SHALL ALSO INDICATE THAT THE DATA
16 SUBJECT CAN AT ANY TIME PROHIBIT THE SELLING, RENTING, EXCHANGING OR
17 RELEASING OF PERSONAL IDENTIFICATION INFORMATION TO OTHER PERSONS AND/OR
18 AFFILIATES FOR THEIR COMMERCIAL PURPOSES. SUCH NOTICE MAY BE INSERTED IN
19 A BILLING STATEMENT OR OTHER MAILING.
20 3. EVERY PERSON, FIRM, PARTNERSHIP, CORPORATION OR ASSOCIATION PREPAR-
21 ING TO SELL, RENT, EXCHANGE OR RELEASE PERSONAL IDENTIFICATION INFORMA-
22 TION, AT LEAST FIFTEEN DAYS PRIOR TO THE COMMENCEMENT OF SELLING, RENT-
23 ING, EXCHANGING OR RELEASING PERSONAL IDENTIFICATION INFORMATION TO
24 OTHER PERSONS AND/OR AFFILIATES FOR THEIR COMMERCIAL PURPOSES SHALL
25 DISCLOSE IN WRITING SUCH PRACTICE TO THE DATA SUBJECT. SUCH WRITTEN
26 NOTIFICATION SHALL DISCLOSE CLEARLY AND CONSPICUOUSLY THE PRACTICE OF
27 SELLING, RENTING, EXCHANGING OR RELEASING PERSONAL IDENTIFICATION INFOR-
28 MATION AND SHALL INFORM THE DATA SUBJECT OF THE OPTION, HEREBY GRANTED,
29 OF PROHIBITING THE SALE, RENTAL, EXCHANGE OR RELEASE OF THE PERSONAL
30 IDENTIFICATION INFORMATION OF SUCH DATA SUBJECT TO OTHER PERSONS AND/OR
31 AFFILIATES FOR THEIR COMMERCIAL PURPOSES. SUCH NOTICE SHALL ALSO
32 DISCLOSE THE REASONABLE METHOD BY WHICH A DATA SUBJECT CAN INDICATE SUCH
33 PREFERENCE AND SHALL ALSO INDICATE THAT THE DATA SUBJECT CAN AT ANY TIME
34 PROHIBIT THE SELLING, RENTING, EXCHANGING OR RELEASING OF PERSONAL IDEN-
35 TIFICATION INFORMATION TO OTHER PERSONS AND/OR AFFILIATES FOR THEIR
36 COMMERCIAL PURPOSES. SUCH NOTICE MAY BE INSERTED IN A BILLING STATEMENT
37 OR OTHER MAILING. SUBSEQUENT TO THE COMMENCEMENT OF THE SALE, RENTAL,
38 EXCHANGE OR RELEASE OF PERSONAL IDENTIFICATION INFORMATION TO OTHER
39 PERSONS AND/OR AFFILIATES FOR THEIR COMMERCIAL PURPOSES, SUCH PERSON,
40 FIRM, PARTNERSHIP, CORPORATION OR ASSOCIATION SHALL PROVIDE THE ANNUAL
41 NOTIFICATION AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION.
42 4. SUCH PERSON, FIRM, PARTNERSHIP, CORPORATION OR ASSOCIATION SHALL
43 MAINTAIN AN EXCLUSION LIST TO INCLUDE THE LISTINGS OF THOSE DATA
44 SUBJECTS WHO HAVE EXERCISED THE OPTION AS PROVIDED IN THIS SECTION. SUCH
45 PERSON, FIRM, PARTNERSHIP, CORPORATION OR ASSOCIATION SHALL BE PROHIBIT-
46 ED FROM USING SUCH LIST FOR ANY PURPOSE OTHER THAN COMPLIANCE WITH THE
47 REQUIREMENTS OF THIS SECTION AND SHALL NOT SELL, RENT, EXCHANGE OR
48 RELEASE SUCH EXCLUSION LIST TO OTHER PERSONS AND/OR AFFILIATES FOR THEIR
49 COMMERCIAL PURPOSES.
50 5. NO PERSON, FIRM, PARTNERSHIP, CORPORATION OR ASSOCIATION SHALL BE
51 DEEMED TO HAVE VIOLATED THE PROVISIONS OF THIS SECTION, IF SUCH PERSON,
52 FIRM, PARTNERSHIP, CORPORATION OR ASSOCIATION SHOWS BY A PREPONDERANCE
53 OF THE EVIDENCE THAT THE VIOLATION WAS NOT INTENTIONAL AND RESULTED FROM
54 A BONA FIDE ERROR MADE NOTWITHSTANDING THE MAINTENANCE OF PROCEDURES
55 REASONABLY ADOPTED TO AVOID ANY SUCH ERROR.
S. 1958 5
1 6. THE PROVISIONS OF THIS SECTION PROHIBITING THE RELEASE OF INFORMA-
2 TION SHALL NOT APPLY TO THE REPORTING OF NECESSARY INFORMATION TO
3 CONSUMER REPORTING AGENCIES, IN COMPLIANCE WITH THE PROVISIONS OF THE
4 FEDERAL FAIR CREDIT REPORTING ACT (15 U.S.C. SECTION 1681 ET SEQ.) AND
5 ARTICLE TWENTY-FIVE OF THIS CHAPTER KNOWN AS THE FAIR CREDIT REPORTING
6 ACT AND ANY REGULATIONS PROMULGATED THEREUNDER.
7 7. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF SUBDIVISION
8 TWO OR THREE OF THIS SECTION HAS OCCURRED, THE COURT SHALL IMPOSE A
9 CIVIL PENALTY NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS. WHENEVER THE
10 COURT SHALL DETERMINE THAT A VIOLATION OF SUBDIVISION FOUR OF THIS
11 SECTION HAS OCCURRED, IF SUCH VIOLATION CONSTITUTES THE FIRST SUCH
12 OFFENSE BY SUCH PERSON, FIRM, PARTNERSHIP, CORPORATION OR ASSOCIATION,
13 THE COURT SHALL IMPOSE A CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED
14 DOLLARS. A SECOND OFFENSE AND ANY OFFENSE COMMITTED THEREAFTER SHALL BE
15 PUNISHABLE BY A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS.
16 8. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION AN APPLICATION
17 MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
18 STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
19 PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF
20 NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH
21 VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR
22 JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS SECTION, AN
23 INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE, ENJOINING AND
24 RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT REQUIRING PROOF THAT ANY
25 PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY SUCH
26 PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
27 PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
28 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
29 TION. IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION THE ATTORNEY
30 GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE
31 RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC-
32 TICE LAW AND RULES.
33 9. ANY PERSON WHO HAS BEEN INJURED BY REASON OF ANY VIOLATION OF THIS
34 SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME TO ENJOIN SUCH UNLAW-
35 FUL ACT OR PRACTICE, AN ACTION TO RECOVER HIS OR HER ACTUAL DAMAGES OR
36 FIFTY DOLLARS, WHICHEVER IS GREATER, OR BOTH SUCH ACTIONS. THE COURT
37 MAY, IN ITS DISCRETION, INCREASE THE AWARD OF DAMAGES TO AN AMOUNT NOT
38 TO EXCEED THREE TIMES THE ACTUAL DAMAGES UP TO ONE THOUSAND DOLLARS, IF
39 THE COURT FINDS THE DEFENDANT WILLFULLY OR KNOWINGLY VIOLATED THIS
40 SECTION. THE COURT MAY AWARD REASONABLE ATTORNEY'S FEES TO A PREVAILING
41 PLAINTIFF.
42 S 3. If any provision of this act or the application of such provision
43 in certain circumstances shall be held invalid, the validity of the
44 remainder of this act and its applicability to other circumstances shall
45 not be affected.
46 S 4. This act shall take effect on the ninetieth day after it shall
47 have become a law.
