Deceptive Trade With In Bronx
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Law §§ 349, 350. Of importance to this case, the recovery available under these two statutes varies greatly. Although both permit recovery of actual damages, Section 349 authorizes statutory damages of $50, while Section 350 authorizes statutory damages of $500.
To state a claim under GBL §§ 349 and 350, “a plaintiff must allege that a defendant has engaged in (1) consumer-oriented conduct, that is (2) materially misleading, and that (3) the plaintiff suffered injury as a result of the allegedly deceptive act or practice.
For claims under Section 349, the statute of limitations is three years from the day that the alleged unlawful action occurred.
Deceptive acts and practices unlawful. (a) Deceptive acts or practices in the conduct of any business, trade or commerce or in the furnishing of any service in this state are hereby declared unlawful.
1. The representation, omission, act, or practice misleads or is likely to mislead the consumer; 2. The consumer's interpretation of the representation, omission, act, or practice is reasonable under the circumstances; and 3. The misleading representation, omission, act, or practice is material.
Law § 349. Section 349 - Deceptive acts and practices unlawful (a) Deceptive acts or practices in the conduct of any business, trade or commerce or in the furnishing of any service in this state are hereby declared unlawful.
To establish a prima facie case under GBL §§ 349 or 350, a plaintiff must demonstrate that (1) the defendant's deceptive acts were directed at consumers, (2) the acts are misleading in a material way, and (3) the plaintiff has been injured as a result.
