New York Consumer Law

In New York, the mini-FTC act is Consumer Protection From Deceptive Acts and Practices (§349-350-e). Under this legislation, plaintiffs have a cause of action when businesses (construed very broadly) do deceptive acts or practices in the conduct of any business, trade or commerce or the furnishing of any service. To sustain an action, the plaintiff must show actual harm due to the defendant’s conduct. There is no statute of limitations for actions under the statute.

A successful plaintiff is entitled to three times the actual damages up to $1,000 for willful violations as potential remedies for a violation and up to $10,000 for false advertisement. Damages under the statute are capped at $1,000, and attorneys’ fees are recoverable if the suit is successful. Class actions are permitted under the statute.