NY Gen Bus L § 349-C (2021)
2021 New York Laws GBS - General Business Article 22-A - Consumer Protection From Deceptive Acts and Practices 349-C - Additional Civil Penalty for Consumer Frauds Against Elderly Persons.

§  349-c. Additional civil penalty for consumer frauds against elderly persons. 1. Definition. As used in this section elderly person  means  a person who is sixty-five years of age or older.   2.  Supplemental  civil  penalty. (a) In addition to any liability for damages or a civil penalty imposed pursuant to  sections  three  hundred forty-nine,  three  hundred  fifty-c  and  three hundred fifty-d of this chapter,  regarding  deceptive  practices  and  false  advertising,  and subdivision   twelve  of  section  sixty-three  of  the  executive  law, regarding proceedings by  the  attorney  general  for  equitable  relief against  fraudulent  or  illegal  consumer fraud, a person or entity who engages in any conduct prohibited by said provisions of law,  and  whose conduct  is  perpetrated  against  one  or  more elderly persons, may be liable for an additional  civil  penalty  not  to  exceed  ten  thousand dollars,  if  the  factors  in  paragraph  (b)  of  this subdivision are present.  (b) In determining whether to  impose  a  supplemental  civil  penalty pursuant  to  paragraph  (a)  of this subdivision, and the amount of any such penalty, the court shall consider, in addition to other appropriate factors, the extent to which the following factors are present:  (1) Whether the  defendant  knew  that  the  defendant's  conduct  was directed  to  one  or  more  elderly  persons or whether the defendant's conduct was in willful disregard of the rights of an elderly person;  (2) Whether the  defendant's  conduct  caused  an  elderly  person  or persons  to  suffer  severe  loss or encumbrance of a primary residence, principal employment or source of income, substantial loss  of  property set   aside   for  retirement  or  for  personal  and  family  care  and maintenance, substantial loss of payments received under  a  pension  or retirement plan or a government benefits program; or assets essential to the  health  or  welfare  of  the  elderly person or whether one or more elderly persons were substantially more vulnerable  to  the  defendant's conduct  because of age, poor health, infirmity, impaired understanding, restricted mobility, or  disability,  and  actually  suffered  physical, emotional, or economic damage resulting from the defendant's conduct.   3. There is hereby established in the state treasury a special fund to be  known  as  the  elderly victim fund, which shall consist of and into which shall be paid all moneys derived from supplemental civil penalties imposed pursuant to this section.   The moneys in  such  fund  shall  be administered  by  the department of law and shall be expended solely for the investigation of and prosecution of consumer frauds against  elderly persons.    The  moneys  in  the fund shall be paid out on the audit and warrant of the comptroller on vouchers  certified  or  approved  by  the attorney  general.    Notwithstanding  any other provision of law to the contrary, any balance in the said fund  on  March  thirty-first  of  any fiscal year shall not revert to the general fund of the state.   4.  Restitution  to be given priority. Restitution ordered pursuant to the provisions of law listed in subdivision two of this section shall be given priority over the imposition of civil penalties designated by  the court under this section.