2023 New York Laws › GBS - General Business › Article 34 - Creditor Billing Errors › 707 - Penalties.

§  707.  Penalties.  Any  creditor,  having  received  a notice from a
consumer as provided in section seven hundred three  of  this  act,  who
fails to comply with the requirements of that section:
1.  If  such  an  amount  is not in fact a billing error, forfeits any
rights to collect from the consumer any finance charge or  other  charge
imposed by the creditor in connection with the amount so specified, from
the date of the mailing of such notice to the date the creditor complies
with section seven hundred three of this act; and
2.  If  such  amount  is  in  fact  a  billing error, is liable to the
consumer in an amount equal to the sum of:
(a) the actual damages sustained by the consumer as a  result  of  the
failure of the creditor to comply with such section;
(b)  twice  the  amount of the billing error shown in the statement of
the consumer's account except that liability under this paragraph  shall
not be greater than four hundred dollars; and
(c)  in  the  case  of  any successful action to enforce the foregoing
liability, the costs of the action together with a reasonable attorney's
fee as determined by the court.
3. If such amount is in fact a billing error but the creditor shows by
a preponderance of evidence that the violation was not  intentional  and
resulted from bona fide error made despite the maintenance of procedures
reasonably adopted to avoid any such error, the creditor shall be liable
to  the  consumer  only to the extent of the actual damages sustained by
the consumer as a result of the failure of the creditor to  comply  with
such  section  and the costs of any action brought to enforce collection
of such erroneous bill together with  a  reasonable  attorney's  fee  as
determined by the court.
4.  Whenever  there shall be a violation of subdivision two of section
seven hundred two of this article, an application may  be  made  by  the
attorney general in the name of the people of the state of New York to a
court or justice having jurisdiction by a special proceeding to issue an
injunction, and upon notice to the defendant of not less than five days,
to enjoin or restrain the continuance of such violation; and if it shall
appear  to  the  satisfaction of the court or justice that the defendant
has, in fact, violated subdivision two of section seven hundred  two  of
this  article,  an  injunction  may  be issued by such court or justice,
enjoining and restraining any further violation, without requiring proof
that any person has, in fact, been injured or damaged  thereby.  In  any
such  proceeding,  the court may make allowances to the attorney general
as provided in paragraph six of subdivision (a) of section  eighty-three
hundred   three  of  the  civil  practice  law  and  rules,  and  direct
restitution. Whenever the court shall  determine  that  a  violation  of
subdivision  two  of  section  seven  hundred  two  of  this article has
occurred, the court may impose a civil penalty  of  not  more  than  two
hundred  fifty  dollars  for each such violation. In connection with any
such proposed application, the attorney general is  authorized  to  take
proof  and  make  a  determination  of  the  relevant facts and to issue
subpoenas in accordance with the civil practice law and rules.