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Deceptive Practices Of In New York

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Multi-State
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US-000289
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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

File Complaint Online: Mail/Fax: Mailing Address: NYC Department of Consumer and Worker Protection. Consumer Services Division. 42 Broadway, 9th Floor. New York, NY 10004. Fax: (212) 487-4482.

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.

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.

False & Misleading Advertising New York law protects consumers from false advertising. You have a right to receive truthful information about products and services. False advertising is any advertising that is misleading in any significant way. This includes any statements or pictures about the product.

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.

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.

Paper complaint forms can be mailed to the Department of Financial Services, Consumer Assistance Unit, 1 State Street, New York, NY 10004 or to the Department of Financial Services, Consumer Assistance Unit, 1 Commerce Plaza, Albany, NY 12257.

More info

You can file a claim for a deceptive practice or act under section 349 of the New York General Business Law. The Office of the New York State Attorney General protects New Yorkers from fraudulent, misleading, deceptive, and illegal trade practices.The Department of State's Division of Consumer Protection provides resources for the business community to help them comply with the law. Ways to File a Consumer Complaint Online: Submit your complaint online. Note: You do NOT need to create an account to file a complaint with DCWP. 349 - Deceptive Acts and Practices Unlawful. 349-A - Observant Consumer Protection Law. The state Assembly has enacted several laws that protect consumers. GBL § 349 prohibits "deceptive acts or practices in the conduct of any business, trade or commerce or in the furnishing of any service. Fraudulent concealment is one type of fraud in New York.

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Deceptive Practices Of In New York