2023 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.