T A B L E O F C O N T E N T S P RT I A ... - Broome County

§ 102-12 BROOME COUNTY CODE § 102-14
jurisdiction, except that no consumer shall have the authority to sue for a civil penalty as
provided by this code.
§ 102-13. Settlements.
A. In lieu of instituting or continuing an action pursuant to this Consumer Protection Code
or any rule or regulation promulgated pursuant thereto, the Consumer Services Specialist
may accept written assurance of discontinuance of any act or practice in violation of this
code from the person or persons who have engaged in such acts or practices. Such
settlement agreement may include, but is not limited to, a stipulation for voluntary
payment by the violator of the costs of investigation by the Consumer Services Specialist
and may also include a stipulation for the restitution by the violator, to consumers, of
money, property or other things received from them in connection with a violation of this
code, including money necessarily expended in the course of making and pursuing a
complaint to the Consumer Services Specialist. If such stipulation applies to consumers
who have been affected by the violator's practices but have not complained to the
Consumer Services Specialist, the Consumer Services Specialist shall request that the
County Attorney make an application to an appropriate court for approval of such an
agreement, which shall direct the minimum means by which potential claimants shall be
notified of the stipulation. A consumer need not accept restitution pursuant to such a
stipulation; however, his or her acceptance shall bar recovery of any damages in any
action by him or her against the defendant or defendants on account of the same acts or
practices.
B. All settlement agreements shall be made a matter of public record.
C. Violation of a settlement agreement entered into pursuant to this section shall be treated
as a violation of this code and shall be subject to all the penalties provided therefor.
§ 102-14. Judicial review.
Any person or persons jointly or severally aggrieved by any final order of the Consumer
Services Specialist may have such order reviewed by a court of competent jurisdiction in the
manner prescribed by law.
102:12 02 - 01 - 2010