§ 863. Enforcement. (1) Any violation of this article shall be deemed to be unlawful for purposes of sections three hundred forty-nine and three hundred fifty of article twenty-two-A of this chapter.

Terms Used In N.Y. General Business Law 863

  • Fraud: Intentional deception resulting in injury to another.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

(2) Any person who engages in repeated violations of this article shall be deemed to have engaged in persistent fraud or illegality for purposes of subdivision twelve of § 63 of the executive law.

(3) The attorney general may bring an action pursuant to that article twenty-two-A or pursuant to that subdivision twelve to enjoin violations of this article and seek restitution for any person entitled thereto. In addition, the attorney general may recover, in addition to any other relief provided by law a civil penalty of five hundred dollars for each violation to be forfeited to the state of New York.

(4) In connection with any such action or proceeding the attorney general may take proof and issue subpoenas in accordance with civil practice law and rules.