(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.
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.
NRS 207.171 is the Nevada statute that prohibits using false or misleading advertisements. False ads are a crime even if no one is deceived or sustains losses. NRS 207.175 makes deceptive advertising a misdemeanor for a first- or second offense, carrying up to six months in jail and/or $1,000.
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.
A person engages in a “deceptive trade practice” when in the course of his or her business or occupation he or she knowingly: (a) Conducts the business or occupation without all required state, county or city licenses. (b) Fails to disclose a material fact in connection with the sale or lease of goods or services.
The purpose of this Act is to regulate trade practices in the business of insurance in ance with the intent of Congress as expressed in the Act of Congress of March 9, 1945 (Public Law 15, 79th Congress) and the Gramm-Leach-Bliley Act (Public Law 106-102, 106th Congress), by defining, or providing for the ...
1. No vehicle dealer or rebuilder may employ "bait and switch" advertising or otherwise intentionally publish, display or circulate any advertising which is misleading or inaccurate in any material particular or which misrepresents any of the products sold, leased, manufactured, handled or furnished to the public.
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.
File a complaint with your local consumer protection office. Notify the Better Business Bureau (BBB) in your area about your problem.
After a complaint is filed, it is reviewed by an attorney general representative who determines whether: The complaint is appropriate for mediation by the office. If it should be referred to another governmental entity that may be more suited to assist with the consumer's complaint.