2023 New York Laws › GBS - General Business › Article 44-A - Freelance Isn't Free Act › 1414 - Violations.

* §  1414.  Violations. 1. The attorney general shall be authorized to
investigate complaints regarding a violation of this article and provide
appropriate remedies. Whenever the attorney general shall  believe  from
evidence satisfactory to them that any hiring party has engaged in or is
about  to  engage  in any of the acts or practices stated to be unlawful
they may bring an action in the name and on behalf of the people of  the
state  of  New  York  to  enjoin  such unlawful acts or practices and to
obtain restitution for one or more freelance workers of  any  moneys  or
property  obtained  directly  or indirectly by any such unlawful acts or
practices. In such  action  preliminary  relief  may  be  granted  under
article  sixty-three of the civil practice law and rules. In such action
a civil penalty in an amount not to exceed one thousand  dollars  for  a
first  violation,  two  thousand dollars for a second violation or three
thousand dollars for a third or subsequent violation may  be  sought  by
the attorney general.
2.  (a)  A  freelance  worker alleging a violation of this article may
bring an action in any court of competent jurisdiction for damages.
(b) Any action alleging a violation of section fourteen hundred twelve
of this article shall be brought within two years after the acts alleged
to have violated this article occurred.
(c) Any action alleging a violation of section fourteen hundred eleven
of this article or section fourteen hundred  thirteen  of  this  article
shall  be  brought  within  six  years  after  the  acts alleged to have
violated this article occurred.
(d) Within ten days after having commenced a civil action pursuant  to
this  subdivision,  a plaintiff shall serve a copy of the complaint upon
an authorized representative of the  attorney  general.  Failure  to  so
serve  a  complaint  does  not adversely affect any plaintiff's cause of
action.
(e) A plaintiff who solely alleges a  violation  of  section  fourteen
hundred  twelve of this article must prove that such plaintiff requested
a written contract before the contracted work began.
3. (a) A plaintiff who prevails on a claim  alleging  a  violation  of
section fourteen hundred eleven of this article shall be awarded damages
as  described in this section and an award of reasonable attorneys' fees
and costs.
(b) (i) A plaintiff who prevails on a claim alleging  a  violation  of
section  fourteen  hundred  twelve  of  this  article  shall  be awarded
statutory damages of two hundred fifty dollars.
(ii) A plaintiff who prevails on a claim alleging a violation  of  one
or  more  claims  under  provisions  of  this  article  shall be awarded
statutory damages equal to the value of the underlying contract for  the
violation in addition to the remedies specified in this article for such
other violations.
(c)  In  addition to other damages awarded pursuant to this article, a
plaintiff who prevails on  a  claim  alleging  a  violation  of  section
fourteen  hundred  eleven  of  this  article  is entitled to an award of
double damages, injunctive relief, and other such  remedies  as  may  be
appropriate.
(d) In addition to any other damages awarded pursuant to this article,
a  plaintiff  who  prevails  on  a claim alleging a violation of section
fourteen hundred thirteen of  this  article  is  entitled  to  statutory
damages equal to the value of the underlying contract for each violation
arising under such section.
4. Nothing in this section prohibits:
(a)  a person alleging a violation of this article from filing a civil
action based on the same facts  as  a  civil  action  commenced  by  the
attorney general pursuant to this section; or
(b)  the  attorney  general from sending a notice of complaint, unless
otherwise barred from doing so.
5.  In  any civil action commenced pursuant to this section, the trier
of fact may impose a civil penalty of not more than twenty-five thousand
dollars for a finding that a hiring party has engaged in  a  pattern  or
practice  of  violations of this article. Any civil penalty so recovered
shall be paid into the general fund.
* NB Effective August 28, 2024