§ 628. Private right of action. 1. Any buyer damaged by a violation of this article may bring an action for recovery of damages. Judgment may be entered in an amount not to exceed three times the actual damages plus reasonable attorney fees.

Terms Used In N.Y. General Business Law 628

  • Buyer: as used in this article means any individual who enters into a contract for services with a health club. See N.Y. General Business Law 621
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Seller: as used in this article means any person, firm, corporation, partnership, unincorporated association or other business enterprise which operates or intends to operate a health club. See N.Y. General Business Law 621
  • Statute: A law passed by a legislature.

2. Nothing in this article shall be construed so as to nullify or impair any right or rights which a buyer may have against a seller at common law, by statute, or otherwise.