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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.
9 See FTC Act Policy Statement on Deceptive Acts and Practices. There must be a representation, omission, or practice that misleads or is likely to mislead the consumer. An act or practice may be found to be deceptive if there is a representation, omission, or practice that misleads or is likely to mislead a consumer.
New York's UDAP law, General Business Law (GBL) § 349, is by its terms more limited. Only “deceptive acts or practices in the conduct of any business, trade or commerce” are unlawful; the law does not expressly prohibit “unfair” or “abusive” practices, as is the case in 42 states.
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.
What is Unfair Competition? The essence of an unfair competition claim under New York law is that the defendant misappropriated the fruit of plaintiff's labors and expenditures by obtaining access to plaintiff's business idea either through fraud or deception, or an abuse of a fiduciary or confidential relationship.
Section 5 of the Federal Trade Commission Act (FTC Act) (15 USC 45) prohibits ''unfair or deceptive acts or practices in or affecting commerce. '' The prohibition applies to all persons engaged in commerce, including banks.
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.
A person commits deceptive practice when he or she has the intent to defraud another person and does any of the following: Knowingly causes another person, by threat or deception, to execute a document, which disposes the victim of a property or incurs a pecuniary obligation.
Types of Unfair Trade Practices ① Refusal to Deal. ② Discriminatory Treatment. ③ Exclusion of a Competitor. ④ Unfair Solicitation of Customers. ⑤ Coercion of Transaction. ⑥ Abuse of Superior Bargaining Position. ⑦ Imposing Binding Conditional Trade. ⑧ Obstruction of Business Activities.