Unfair Trade Practices In Consumer Protection Act In New York
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FAQ
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.
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.
Unfair trade practices refer to businesses using deceptive, fraudulent, or otherwise unethical methods to gain an advantage or turn a profit. Consumer Protection Law, as well as Section 5(a) of the Federal Trade Commission Act, protects consumers from unfair business practices.
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.
The CPRs contain a general prohibition of unfair commercial practices and, in particular, contain prohibitions of misleading and aggressive commercial practices. They also prohibit 31 specific commercial practices that are listed in chapter 6 on banned practices.
Complaints help the FTC and other law enforcement agencies bring scam artists to justice and put an end to unfair and misleading business practices. If you have a complaint, report it at ReportFraud.ftc.
Complaints are only accepted online and by mail. Submit a complaint to the Department of State Division of Consumer Protection.
The FCC cannot resolve all individual complaints, but we can provide information about your possible next steps. The collective data we receive from complaints helps us keep a pulse on what consumers are experiencing, may lead to investigations and serves as a deterrent to the companies we regulate.
