§ 101-5. Penalties for offenses.

A. 

The violation of any provision of this chapter or of any rule or regulation promulgated hereunder shall be punishable, upon proof thereof, by the payment of a civil penalty in the sum of not less than $250 nor more than $1,500 to be recovered in a civil action.

B. 

The knowing violation of any provision of this chapter or of any rule or regulation promulgated hereunder shall be punishable, upon conviction thereof, by the payment of a civil penalty in the sum of $2,500 or as a violation for which a fine in the sum of $5,000 shall be imposed, or both.

C. 

Upon a finding by the Board of repeated, multiple or persistent violations of any provision of this chapter or of any rule or regulation promulgated hereunder, the Town may, except as hereinafter provided, bring an action to compel the defendant or defendants in such action to pay into court all moneys, property or other things or proceeds thereof received as a result of such violations; to direct that the amount of money or the property or other things recovered be paid into an account established pursuant to the applicable sections of the Civil Practice Law and Rules, from which shall be paid over to any and all persons who purchased the goods or services during the periods of violation such sum as was paid by them in a transaction involving the prohibited acts or practices, plus any costs incurred by such claimants in making and pursuing their complaints, provided that if such claims exceed the sum recovered into the account, the awards to consumers shall be prorated according to the value of each claim proved; to direct that the defendant or defendants, upon conviction, pay to the Town the costs and disbursements of the action and pay to the Town for the use of the Board the costs of their investigation leading to the judgment or, if not recovered from defendants, such costs are to be deducted by the Town from the grand recovery before distribution to the consumers; and to direct that any money, property or other things in the account and unclaimed by any persons with such claims within one year from the creation of the account be paid to the Town to be used by the Board for further consumer law enforcement activities. Consumers making claims against an account established pursuant to this subsection shall prove their claims to the Board in a manner and subject to procedures established by the Board for that purpose. The procedures established in each case for proving claims shall not be employed until approved by the court, which shall also establish, by order, the minimum means by which the Board shall notify potential claimants of the creation of the account. Restitution pursuant to a judgment in an action under this subsection shall bar, pro tanto, the recovery of any damages in any other action against the same defendant or defendants on account of the same acts or practices which were the basis for such judgment up to the time of the judgment, by any person to whom such restitution is made. Restitution under this subsection shall not apply to transactions entered into more than five years prior to commencement of an action by the Board. Before instituting an action under this subsection, the Board shall give the prospective defendant written notice of the possible action and an opportunity to demonstrate, in writing, within five days, that no repeated, multiple or persistent violations have occurred.

D. 

Whenever any person has engaged in any acts or practices which constitute violations of any provision of this chapter or of any rule or regulation promulgated thereunder, the Town may make application to the Supreme Court for an order enjoining such acts or practices and for an order granting a temporary or permanent injunction, restraining order or other order enjoining such acts or practices.

E. 

To establish a cause of action under this section, it need not be shown that consumers are being or were actually injured.

Amended 10-7-2003 by L.L. No. 20-2003