Legislation
SECTION 349
Deceptive acts and practices unlawful
General Business (GBS) CHAPTER 20, ARTICLE 22-A
* § 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.
* NB Effective until February 17, 2026
* § 349. Unfair, deceptive, or abusive acts and practices unlawful.
(a) Unfair, deceptive, or abusive 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. For the purposes of this
section:
(1) An act or practice is unfair when it causes or is likely to cause
substantial injury which is not reasonably avoidable and is not
outweighed by countervailing benefits to consumers or to competition.
The term "substantial injury" as used in this subdivision shall have the
same meaning as the term "substantial injury" in the federal trade
commission act, 15 U.S.C. Section 41 et seq., provided that the
substantial injury of a person or persons other than consumers shall
also be deemed a "substantial injury" for purposes of this section.
(2) An act or practice is abusive when:
(i) it materially interferes with the ability of a person to
understand a term or condition of a product or service; or
(ii) it takes unreasonable advantage of:
(A) a lack of understanding on the part of a person of the material
risks, costs, or conditions of a product or service;
(B) the inability of a person to protect such person's interests in
selecting or using a product or service; or
(C) the reasonable reliance by a person on a person engaging in the
act or practice to act in the relying person's interests.
(b) (1) Whenever the attorney general shall believe from evidence
satisfactory to the attorney general that any person, including but not
limited to an individual, firm, corporation, company, partnership 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 unfair, deceptive,
or abusive, the attorney general may bring an action or proceeding 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 or proceeding, preliminary relief may be
granted under article sixty-three of the civil practice law and rules.
(2) The attorney general may bring such an action or proceeding
against any person conducting any business, trade or commerce or
furnishing a service in this state, whether or not the person is without
the state. The attorney general may also bring such an action or
proceeding against any person within the state conducting any business,
trade, or commerce or furnishing a service, whether or not the business,
trade, commerce, or service is conducted or furnished without the state.
(3) An act or practice made unlawful by this section is actionable by
the attorney general regardless of whether or not that act or practice
is consumer-oriented.
(c) Before commencing an action or proceeding pursuant to this
section, the attorney general shall be required to give the person
against whom such action or proceeding is contemplated notice by
certified mail and an opportunity to show in writing within five
business days after receipt of notice why an action or proceeding should
not be instituted against such person, unless the attorney general shall
find, in any case in which the attorney general seeks preliminary
relief, that to give such notice and opportunity is not in the public
interest.
(d) In any action or proceeding brought pursuant to this section 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 action or 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 unfair, deceptive, or abusive acts
or practices, 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 or any other party 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 deceptive act or practice made unlawful by this section may bring an
action in such person's own name to enjoin such deceptive act or
practice, an action to recover such person's 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.
(i) 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.
* NB Effective February 17, 2026
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.
* NB Effective until February 17, 2026
* § 349. Unfair, deceptive, or abusive acts and practices unlawful.
(a) Unfair, deceptive, or abusive 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. For the purposes of this
section:
(1) An act or practice is unfair when it causes or is likely to cause
substantial injury which is not reasonably avoidable and is not
outweighed by countervailing benefits to consumers or to competition.
The term "substantial injury" as used in this subdivision shall have the
same meaning as the term "substantial injury" in the federal trade
commission act, 15 U.S.C. Section 41 et seq., provided that the
substantial injury of a person or persons other than consumers shall
also be deemed a "substantial injury" for purposes of this section.
(2) An act or practice is abusive when:
(i) it materially interferes with the ability of a person to
understand a term or condition of a product or service; or
(ii) it takes unreasonable advantage of:
(A) a lack of understanding on the part of a person of the material
risks, costs, or conditions of a product or service;
(B) the inability of a person to protect such person's interests in
selecting or using a product or service; or
(C) the reasonable reliance by a person on a person engaging in the
act or practice to act in the relying person's interests.
(b) (1) Whenever the attorney general shall believe from evidence
satisfactory to the attorney general that any person, including but not
limited to an individual, firm, corporation, company, partnership 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 unfair, deceptive,
or abusive, the attorney general may bring an action or proceeding 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 or proceeding, preliminary relief may be
granted under article sixty-three of the civil practice law and rules.
(2) The attorney general may bring such an action or proceeding
against any person conducting any business, trade or commerce or
furnishing a service in this state, whether or not the person is without
the state. The attorney general may also bring such an action or
proceeding against any person within the state conducting any business,
trade, or commerce or furnishing a service, whether or not the business,
trade, commerce, or service is conducted or furnished without the state.
(3) An act or practice made unlawful by this section is actionable by
the attorney general regardless of whether or not that act or practice
is consumer-oriented.
(c) Before commencing an action or proceeding pursuant to this
section, the attorney general shall be required to give the person
against whom such action or proceeding is contemplated notice by
certified mail and an opportunity to show in writing within five
business days after receipt of notice why an action or proceeding should
not be instituted against such person, unless the attorney general shall
find, in any case in which the attorney general seeks preliminary
relief, that to give such notice and opportunity is not in the public
interest.
(d) In any action or proceeding brought pursuant to this section 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 action or 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 unfair, deceptive, or abusive acts
or practices, 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 or any other party 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 deceptive act or practice made unlawful by this section may bring an
action in such person's own name to enjoin such deceptive act or
practice, an action to recover such person's 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.
(i) 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.
* NB Effective February 17, 2026