PEOPLE v. APPLIED CARD SYS.


11 N.Y.3d 105 (2008)

In the Matter of THE PEOPLE OF THE STATE OF NEW YORK, by ELIOT SPITZER, as Attorney General, Respondent-Appellant, v. APPLIED CARD SYSTEMS, INC., et al., Appellants-Respondents.

Court of Appeals of the State of New York.

Decided June 26, 2008.


Attorney(s) appearing for the Case

Arnold & Porter LLP, New York City (H. Peter Haveles, Jr., of counsel) and Howard N. Cayne, Washington, D.C., for appellants-respondents.

Andrew M. Cuomo, Attorney General, New York City (Michelle Aronowitz, Barbara D. Underwood and Diana R.H. Winters of counsel), for respondent-appellant.

William H. Sorrell, Attorney General, Montpelier, Vermont (Elliot Burg of counsel), for Attorneys General of the States of Alaska and others, amici curiae.


OPINION OF THE COURT

CIPARICK, J.

This appeal arises out of a special proceeding initiated by the Attorney General, seeking restitution, civil penalties, and injunctive relief for violations of New York's Executive Law and Consumer Protection Act (see Executive Law § 63 [12]; General Business Law §§ 349, 350). We are asked to determine whether the federal Truth-in-Lending Act (TILA)...

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