N.Y. GBS Law § 349 — New York Code / Act GBS / Article 22-A / Section 349
Unfair, deceptive, or abusive acts and practices unlawful
Status: in_force

§ 349. Unfair, deceptive, or abusive acts and practices unlawful. (a)\nUnfair, deceptive, or abusive acts or practices in the conduct of any\nbusiness, trade or commerce or in the furnishing of any service in this\nstate are hereby declared unlawful. For the purposes of this section:\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.\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  (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 ten calendar\ndays after receipt of notice why an action or proceeding should not be\ninstituted against such person, unless the attorney general shall find,\nin any case in which the attorney general seeks preliminary relief, that\nto give such notice and opportunity is not in the public interest.\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 deceptive practice made unlawful by this section\nmay bring an action in such person's own name to enjoin such deceptive\nact or deceptive practice, an action to recover such person's 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  (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