N.Y. GBS Law § 1414 — New York Code / Act GBS / Article 44-A / Section 1414
Violations
Status: in_force

§ 1414. Violations. 1. The attorney general shall be authorized to\ninvestigate complaints regarding a violation of this article and provide\nappropriate remedies. Whenever the attorney general shall believe from\nevidence satisfactory to them that any hiring party has engaged in or is\nabout to engage in any of the acts or practices stated to be unlawful\nthey may bring an action in the name and on behalf of the people of the\nstate of New York to enjoin such unlawful acts or practices and to\nobtain restitution for one or more freelance workers of any moneys or\nproperty obtained directly or indirectly by any such unlawful acts or\npractices. In such action preliminary relief may be granted under\narticle sixty-three of the civil practice law and rules. In such action\na civil penalty in an amount not to exceed one thousand dollars for a\nfirst violation, two thousand dollars for a second violation or three\nthousand dollars for a third or subsequent violation may be sought by\nthe attorney general.\n  2. (a) A freelance worker alleging a violation of this article may\nbring an action in any court of competent jurisdiction for damages.\n  (b) Any action alleging a violation of section fourteen hundred twelve\nof this article shall be brought within two years after the acts alleged\nto have violated this article occurred.\n  (c) Any action alleging a violation of section fourteen hundred eleven\nof this article or section fourteen hundred thirteen of this article\nshall be brought within six years after the acts alleged to have\nviolated this article occurred.\n  (d) Within ten days after having commenced a civil action pursuant to\nthis subdivision, a plaintiff shall serve a copy of the complaint upon\nan authorized representative of the attorney general. Failure to so\nserve a complaint does not adversely affect any plaintiff's cause of\naction.\n  (e) A plaintiff who solely alleges a violation of section fourteen\nhundred twelve of this article must prove that such plaintiff requested\na written contract before the contracted work began.\n  3. (a) A plaintiff who prevails on a claim alleging a violation of\nsection fourteen hundred eleven of this article shall be awarded damages\nas described in this section and an award of reasonable attorneys' fees\nand costs.\n  (b) (i) A plaintiff who prevails on a claim alleging a violation of\nsection fourteen hundred twelve of this article shall be awarded\nstatutory damages of two hundred fifty dollars.\n  (ii) A plaintiff who prevails on a claim alleging a violation of one\nor more claims under provisions of this article shall be awarded\nstatutory damages equal to the value of the underlying contract for the\nviolation in addition to the remedies specified in this article for such\nother violations.\n  (c) In addition to other damages awarded pursuant to this article, a\nplaintiff who prevails on a claim alleging a violation of section\nfourteen hundred eleven of this article is entitled to an award of\ndouble damages, injunctive relief, and other such remedies as may be\nappropriate.\n  (d) In addition to any other damages awarded pursuant to this article,\na plaintiff who prevails on a claim alleging a violation of section\nfourteen hundred thirteen of this article is entitled to statutory\ndamages equal to the value of the underlying contract for each violation\narising under such section.\n  4. Nothing in this section prohibits:\n  (a) a person alleging a violation of this article from filing a civil\naction based on the same facts as a civil action commenced by the\nattorney general pursuant to this section; or\n  (b) the attorney general from sending a notice of complaint, unless\notherwise barred from doing so.\n  5. In any civil action commenced pursuant to this section, the trier\nof fact may impose a civil penalty of not more than twenty-five thousand\ndollars for a finding that a hiring party has engaged in a pattern or\npractice of violations of this article. Any civil penalty so recovered\nshall be paid into the general fund.\n