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Unfair Trade Practices For False Advertising In Nassau

State:
Multi-State
County:
Nassau
Control #:
US-000289
Format:
Word; 
Rich Text
Instant download

Description

This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.

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FAQ

The Federal Trade Commission (FTC) works to prevent fraudulent, deceptive, and unfair business practices. They also provide information to help consumers spot, stop, and avoid scams and fraud.

You could be fined, prosecuted or imprisoned.

General Business Law § 349 New York's consumer protection statute, General Business Law Section 349, makes it unlawful to engage in deceptive acts or practices in the conduct of any business, trade, or commerce or in the furnishing of any service in the state.

False advertising is an actionable civil claim under Section 43(a) of the Lanham Act. A party who successfully sues for false advertising may be entitled to either damages or injunctive relief.

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.

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.

New York Consolidated Laws, General Business Law - GBS § 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.

(These practices are commonly called misleading or unfair business practices.) They include false advertising, misrepresentation, tied selling, and failing to comply with regulations. Under consumer protection laws, they are illegal and can lead to compensatory or punitive damages.

The FTC's Bureau of Consumer Protection stops unfair, deceptive and fraudulent business practices by collecting reports from consumers and conducting investigations, suing companies and people that break the law, developing rules to maintain a fair marketplace, and educating consumers and businesses about their rights ...

More info

The Department of State's Division of Consumer Protection provides resources for the business community to help them comply with the law. Advertise products that are not available; Misrepresent items or services in any way.You must provide a copy of the misleading or deceptive advertisement. You can file a claim for a deceptive practice or act under section 349 of the New York General Business Law. You can protect yourself against phony ad claims. New York law protects consumers from false advertising. You have a right to receive truthful information about products and services. Slander, false accusations, and defamation can seriously hurt the reputation of a business. Consider reading this blog to learn more. § 20-700 Unfair trade practices prohibited.

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Unfair Trade Practices For False Advertising In Nassau