§ 349 — Deceptive acts and practices unlawful

New York § 349

• Jurisdiction: New York
• Law GBS: General Business
• Art. 22-A: Consumer Protection From Deceptive Acts and Practices

Text

* § 349. Deceptive acts and practices unlawful. (a) Deceptive acts or\npractices in the conduct of any business, trade or commerce or in the\nfurnishing of any service in this state are hereby declared unlawful.\n (b) Whenever the attorney general shall believe from evidence\nsatisfactory to him that any person, firm, corporation or association or\nagent or employee thereof has engaged in or is about to engage in any of\nthe acts or practices stated to be unlawful he may bring an action in\nthe name and on behalf of the people of the state of New York to enjoin\nsuch unlawful acts or practices and to obtain restitution of any moneys\nor property obtained directly or indirectly by any such unlawful acts or\npractices. In such action preliminary relief may be granted under\narticle sixty-three of the civil practice law and rules.\n (c) Before any violation of this section is sought to be enjoined, the\nattorney general shall be required to give the person against whom such\nproceeding is contemplated notice by certified mail and an opportunity\nto show in writing within five business days after receipt of notice why\nproceedings should not be instituted against him, unless the attorney\ngeneral shall find, in any case in which he seeks preliminary relief,\nthat to give such notice and opportunity is not in the public interest.\n (d) In any such action it shall be a complete defense that the act or\npractice is, or if in interstate commerce would be, subject to and\ncomplies with the rules and regulations of, and the statutes\nadministered by, the federal trade commission or any official\ndepartment, division, commission or agency of the United States as such\nrules, regulations or statutes are interpreted by the federal trade\ncommission or such department, division, commission or agency or the\nfederal courts.\n (e) Nothing in this section shall apply to any television or radio\nbroadcasting station or to any publisher or printer of a newspaper,\nmagazine or other form of printed advertising, who broadcasts,\npublishes, or prints the advertisement.\n (f) In connection with any proposed proceeding under this section, the\nattorney general is authorized to take proof and make a determination of\nthe relevant facts, and to issue subpoenas in accordance with the civil\npractice law and rules.\n (g) This section shall apply to all deceptive acts or practices\ndeclared to be unlawful, whether or not subject to any other law of this\nstate, and shall not supersede, amend or repeal any other law of this\nstate under which the attorney general is authorized to take any action\nor conduct any inquiry.\n (h) In addition to the right of action granted to the attorney general\npursuant to this section, any person who has been injured by reason of\nany violation of this section may bring an action in his own name to\nenjoin such unlawful act or practice, an action to recover his actual\ndamages or fifty dollars, whichever is greater, or both such actions.\nThe court may, in its discretion, increase the award of damages to an\namount not to exceed three times the actual damages up to one thousand\ndollars, if the court finds the defendant willfully or knowingly\nviolated this section. The court may award reasonable attorney's fees to\na prevailing plaintiff.\n (j) Notwithstanding any law to the contrary, all monies recovered or\nobtained under this article by a state agency or state official or\nemployee acting in their official capacity shall be subject to\nsubdivision eleven of section four of the state finance law.\n * NB Effective until February 17, 2026\n * § 349. Unfair, deceptive, or abusive acts and practices unlawful.\n(a) Unfair, deceptive, or abusive acts or practices in the conduct of\nany business, trade or commerce or in the furnishing of any service in\nthis state are hereby declared unlawful. For the purposes of this\nsection:\n (1) An act or practice is unfair when it causes or is likely to cause\nsubstantial injury which is not reasonably avoidable and is not\noutweighed by countervailing benefits to consumers or to competition.\nThe term "substantial injury" as used in this subdivision shall have the\nsame meaning as the term "substantial injury" in the federal trade\ncommission act, 15 U.S.C. Section 41 et seq., provided that the\nsubstantial injury of a person or persons other than consumers shall\nalso be deemed a "substantial injury" for purposes of this section.\n (2) An act or practice is abusive when:\n (i) it materially interferes with the ability of a person to\nunderstand a term or condition of a product or service; or\n (ii) it takes unreasonable advantage of:\n (A) a lack of understanding on the part of a person of the material\nrisks, costs, or conditions of a product or service;\n (B) the inability of a person to protect such person's interests in\nselecting or using a product or service; or\n (C) the reasonable reliance by a person on a person engaging in the\nact or practice to act in the relying person's interests.\n (b) (1) Whenever the attorney general shall believe from evidence\nsatisfactory to the attorney general that any person, including but not\nlimited to an individual, firm, corporation, company, partnership or\nassociation, or agent or employee thereof, has engaged in or is about to\nengage in any of the acts or practices stated to be unfair, deceptive,\nor abusive, the attorney general may bring an action or proceeding in\nthe name and on behalf of the people of the state of New York to enjoin\nsuch unlawful acts or practices and to obtain restitution of any moneys\nor property obtained directly or indirectly by any such unlawful acts or\npractices. In such action or proceeding, preliminary relief may be\ngranted under article sixty-three of the civil practice law and rules.\n (2) The attorney general may bring such an action or proceeding\nagainst any person conducting any business, trade or commerce or\nfurnishing a service in this state, whether or not the person is without\nthe state. The attorney general may also bring such an action or\nproceeding against any person within the state conducting any business,\ntrade, or commerce or furnishing a service, whether or not the business,\ntrade, commerce, or service is conducted or furnished without the state.\n (3) An act or practice made unlawful by this section is actionable by\nthe attorney general regardless of whether or not that act or practice\nis consumer-oriented.\n (c) Before commencing an action or proceeding pursuant to this\nsection, the attorney general shall be required to give the person\nagainst whom such action or proceeding is contemplated notice by\ncertified mail and an opportunity to show in writing within five\nbusiness days after receipt of notice why an action or proceeding should\nnot be instituted against such person, unless the attorney general shall\nfind, in any case in which the attorney general seeks preliminary\nrelief, that to give such notice and opportunity is not in the public\ninterest.\n (d) In any action or proceeding brought pursuant to this section it\nshall be a complete defense that the act or practice is, or if in\ninterstate commerce would be, subject to and complies with the rules and\nregulations of, and the statutes administered by, the federal trade\ncommission or any official department, division, commission or agency of\nthe United States as such rules, regulations or statutes are interpreted\nby the federal trade commission or such department, division, commission\nor agency or the federal courts.\n (e) Nothing in this section shall apply to any television or radio\nbroadcasting station or to any publisher or printer of a newspaper,\nmagazine or other form of printed advertising, who broadcasts,\npublishes, or prints the advertisement.\n (f) In connection with any proposed action or proceeding under this\nsection, the attorney general is authorized to take proof and make a\ndetermination of the relevant facts, and to issue subpoenas in\naccordance with the civil practice law and rules.\n (g) This section shall apply to all unfair, deceptive, or abusive acts\nor practices, whether or not subject to any other law of this state, and\nshall not supersede, amend or repeal any other law of this state under\nwhich the attorney general or any other party is authorized to take any\naction or conduct any inquiry.\n (h) In addition to the right of action granted to the attorney general\npursuant to this section, any person who has been injured by reason of\nany deceptive act or practice made unlawful by this section may bring an\naction in such person's own name to enjoin such deceptive act or\npractice, an action to recover such person's actual damages or fifty\ndollars, whichever is greater, or both such actions. The court may, in\nits discretion, increase the award of damages to an amount not to exceed\nthree times the actual damages up to one thousand dollars, if the court\nfinds the defendant willfully or knowingly violated this section. The\ncourt may award reasonable attorney's fees to a prevailing plaintiff.\n (i) Notwithstanding any law to the contrary, all monies recovered or\nobtained under this article by a state agency or state official or\nemployee acting in their official capacity shall be subject to\nsubdivision eleven of section four of the state finance law.\n * NB Effective February 17, 2026\n