§ 6-47 Consumer Protection Law Penalty Schedule.

   All citations are to Title 20 of the Administrative Code of the City of New York or Title 6 of the Rules of the City of New York.

   Unless otherwise specified, the penalties set forth for each section of law or rule shall also apply to all subdivisions, paragraphs, subparagraphs, clauses, items, or any other provision contained therein. Each subdivision, paragraph, subparagraph, clause, item, or other provision charged in the Notice of Violation shall constitute a separate violation of the law or rule.

   For the fine amounts marked by a single asterisk, if the respondent timely submits the appropriate proof of having cured a first-time violation, the respondent will not be subject to a civil penalty pursuant to Local Law 153 of 2013.

   Pursuant to Section 20-703(d) of the Administrative Code of the City of New York, the knowing violation of any provision of Subchapter 1 of Chapter 5 of Title 20 of the Administrative Code of the City of New York or of any rule promulgated thereunder is subject to a penalty of $3,500.

   Pursuant to Section 20-703(b) of the Administrative Code of the City of New York, each individual statement, description or other representation or omission that constitutes a deceptive trade practice shall give rise to a distinct and independent violation.

   The number of violations of any provision listed below shall be calculated pursuant to § 20-703(c) of the Administrative Code of the City of New York.

   Unless otherwise specified by law, a second or third or subsequent violation means a violation by the same respondent, whether by pleading guilty, being found guilty in a decision, or entering into a settlement agreement for violating the same provision of law or rule, within three years of the prior violation(s).

Citation	Violation Description	First Violation	First Default	Second Violation	Second Default	Third and Subsequent Violation	Third and Subsequent Default
Admin. Code § 20-700	Engaged in an unlawful deceptive or unconscionable trade practice	$525	$525	$1,050	$1,050	$3,500	$3,500
6 RCNY § 5-09	Failure to comply with the requirements for limitations on offers	$525	$525	$1,050	$1,050	$3,500	$3,500
6 RCNY § 5-10	Engaged in deceptive classified ads	$525	$525	$1,050	$1,050	$3,500	$3,500
6 RCNY § 5-11	Failure to comply with requirements for limited editions	$525	$525	$1,050	$1,050	$3,500	$3,500
6 RCNY § 5-12	Failure to comply with requirements for prices in multi-product and multi-service advertisements	$525	$525	$1,050	$1,050	$3,500	$3,500
6 RCNY § 5-13	Failure to comply with advertisements claiming to boost the immune system	$525	$525	$1,050	$1,050	$3,500	$3,500
6 RCNY § 5-14(a)	Misrepresenting a good or service as “certified” or “certified pre-owned”	$525	$525	$1,050	$1,050	$3,500	$3,500
6 RCNY § 5-14(b)	Misrepresenting a good or service as “manufacturer certified”	$525	$525	$1,050	$1,050	$3,500	$3,500
6 RCNY § 5-23	Failure to meet the requirement(s) for layaway plans	$525	$525	$1,050	$1,050	$3,500	$3,500
6 RCNY § 5-24	Failure to meet requirement(s) for credit card limitations	$150*	$150*	$250	$250	$350	$350
6 RCNY § 5-32	Failure to meet the requirement(s) for documentation of transactions	$150	$150	$250	$250	$350	$350
6 RCNY § 5-33	Failure to comply with the requirements for transactions negotiated in Spanish	$525	$525	$1,050	$1,050	$3,500	$3,500
6 RCNY § 5-36	Failure to meet the requirement(s) for sale of used items	$525	$525	$1,050	$1,050	$3,500	$3,500
6 RCNY § 5-37	Failure to comply with disclosure of refund policy requirements	$150*	$150*	$250	$250	$350	$350
6 RCNY § 5-38	Failure to comply with requirements for selling goods temporarily in short supply	$525	$525	$1,050	$1,050	$3,500	$3,500
6 RCNY § 5-39	Failure to meet the requirements for cancellation of home appointment	$525	$525	$1,050	$1,050	$3,500	$3,500
6 RCNY § 5-40	Improper limit or disclaimer of liability for negligence	$525	$525	$1,050	$1,050	$3,500	$3,500
6 RCNY § 5-40(e)	Improper posting of sign that business is not liable for negligence	$525*	$525*	$1,050	$1,050	$3,500	$3,500
6 RCNY § 5-41	Collected sales tax on sale of good or service not subject to such tax under Article 28 of the NYS Tax Law or rule and regulations promulgated thereunder	$150	$150	$250	$250	$350	$350
6 RCNY § 5-42	Violation of the prohibition on price gouging	$525	$525	$1,050	$1,050	$3,500	$3,500
6 RCNY § 5-47	Failure to meet the requirement(s) for jewelry sellers and appraisers	$525	$525	$1,050	$1,050	$3,500	$3,500
6 RCNY § 5-50	Failure to comply with the requirements for delivery of furniture and major appliances	$525	$525	$1,050	$1,050	$3,500	$3,500
6 RCNY § 5-51	Failure to meet the requirement(s) for retail sale of gasoline	$525	$525	$1,050	$1,050	$3,500	$3,500
6 RCNY § 5-54	Failure to meet the requirement(s) for repairs of consumer goods	$525	$525	$1,050	$1,050	$3,500	$3,500
6 RCNY § 5-55	Failure to meet the requirement(s) for meat and poultry advertising	$525	$525	$1,050	$1,050	$3,500	$3,500
6 RCNY § 5-56	Failure to meet the requirement(s) for window gates	$525	$525	$1,050	$1,050	$3,500	$3,500
6 RCNY § 5-57	Failure to meet the requirement(s) for utility bill payments	$525	$525	$1,050	$1,050	$3,500	$3,500
6 RCNY § 5-58	Improper offer of sale of food in damaged containers	$525	$525	$1,050	$1,050	$3,500	$3,500
6 RCNY § 5-59	Improper imposition of restaurant surcharges	$150	$150	$250	$250	$350	$350
6 RCNY § 5-60	Failure to meet the requirement(s) for franchises	$525	$525	$1,050	$1,050	$3,500	$3,500
6 RCNY § 5-61	Failure to meet the requirement(s) for public performance seats	$525	$525	$1,050	$1,050	$3,500	$3,500
6 RCNY § 5-63	Failure to meet the requirement(s) for catering contracts	$525	$525	$1,050	$1,050	$3,500	$3,500
6 RCNY § 5-68	Failure to meet the requirements for dealers at flea markets	$525	$525	$1,050	$1,050	$3,500	$3,500
6 RCNY § 5-69	Failure to meet the requirements of blood pressure reading services	$525	$525	$1,050	$1,050	$3,500	$3,500
6 RCNY § 5-70	Failure to meet the requirements for retail service establishments	$150	$150	$250	$250	$350	$350
6 RCNY § 5-73	Failure to meet the requirement(s) for the sale of box cutters	$525	$525	$1,050	$1,050	$3,500	$3,500
6 RCNY § 5-75	Failure to post the Buyer's Guide when selling or offering to sell any used automobile	$150	$150	$250	$250	$350	$350
6 RCNY §§ 5-87 through 5-103	Prohibited conduct in offering sales or discounts and related recordkeeping requirements	$525	$525	$1,050	$1,050	$3,500	$3,500

 

(Added City Record 8/22/2016, eff. 8/22/2016; amended City Record 8/22/2017, eff. 9/21/2017; amended City Record 4/26/2018, eff. 5/26/2018; amended City Record 1/14/2019, eff. 2/13/2019; amended City Record 3/18/2020, eff. 3/18/2020; amended City Record 5/11/2020, eff. 6/10/2020; amended City Record 6/26/2020, eff. 6/26/2020; amended City Record 12/20/2021, eff. 1/19/2022; amended City Record 3/19/2024, eff. 4/18/2024)