2023 New York Laws › GBS - General Business › Article 22-A - Consumer Protection From Deceptive Acts and Practices › 349 - Deceptive Acts and Practices Unlawful.

§  349.  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.
(b)   Whenever  the  attorney  general  shall  believe  from  evidence
satisfactory to him that any person, firm, corporation or association or
agent or employee thereof has engaged in or is about to engage in any of
the acts or practices stated to be unlawful he may bring  an  action  in
the  name and on behalf of the people of the state of New York to enjoin
such unlawful acts or practices and to obtain restitution of any  moneys
or property obtained directly or indirectly by any such unlawful acts or
practices.  In  such  action  preliminary  relief  may  be granted under
article sixty-three of the civil practice law and rules.
(c) Before any violation of this section is sought to be enjoined, the
attorney general shall be required to give the person against whom  such
proceeding  is  contemplated notice by certified mail and an opportunity
to show in writing within five business days after receipt of notice why
proceedings should not be instituted against him,  unless  the  attorney
general  shall  find,  in any case in which he seeks preliminary relief,
that to give such notice and opportunity is not in the public interest.
(d) In any such action it shall be a complete defense that the act  or
practice  is,  or  if  in  interstate  commerce would be, subject to and
complies  with  the  rules  and  regulations  of,   and   the   statutes
administered   by,   the   federal  trade  commission  or  any  official
department, division, commission or agency of the United States as  such
rules,  regulations  or  statutes  are  interpreted by the federal trade
commission or such department, division, commission  or  agency  or  the
federal courts.
(e)  Nothing  in  this  section shall apply to any television or radio
broadcasting station or to any publisher  or  printer  of  a  newspaper,
magazine   or   other  form  of  printed  advertising,  who  broadcasts,
publishes, or prints the advertisement.
(f) In connection with any proposed proceeding under this section, the
attorney general is authorized to take proof and make a determination of
the relevant facts, and to issue subpoenas in accordance with the  civil
practice law and rules.
(g)  This  section  shall  apply  to  all  deceptive acts or practices
declared to be unlawful, whether or not subject to any other law of this
state, and shall not supersede, amend or repeal any other  law  of  this
state  under which the attorney general is authorized to take any action
or conduct any inquiry.
(h) In addition to the right of action granted to the attorney general
pursuant to this section, any person who has been injured by  reason  of
any  violation  of  this  section may bring an action in his own name to
enjoin such unlawful act or practice, an action to  recover  his  actual
damages  or  fifty  dollars, whichever is greater, or both such actions.
The court may, in its discretion, increase the award of  damages  to  an
amount  not  to exceed three times the actual damages up to one thousand
dollars, if  the  court  finds  the  defendant  willfully  or  knowingly
violated this section. The court may award reasonable attorney's fees to
a prevailing plaintiff.
(j)  Notwithstanding  any law to the contrary, all monies recovered or
obtained under this article by a  state  agency  or  state  official  or
employee   acting  in  their  official  capacity  shall  be  subject  to
subdivision eleven of section four of the state finance law.