NEW YORK STATE CONSUMER PROTECTION
                                                                                                     General Business Law Section 349.

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keywords, deception, false advertising, deceptive practice, New York consumer protection, claim, false advertising lawsuit, consumer lawyer, 

Deceptive acts and practices unlawful. 349-a. Observant consumer protection law. 349-b. Residential telephone equipment advertising, sale and warranty requirements. 349-c. Additional civil penalty for consumer frauds against elderly persons. 350. False advertising unlawful. 350-a. False advertising. 350-b. Disclosures required in advertisements using the title "doctor". 350-c. Notice of proposed action. 350-d. Civil penalty. 350-e. Construction. 350-f. Exceptions. 350-f-1. After-the-fact referral fees. S 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. 

S 350-a. False advertising.

1. The term "false advertising" means advertising, including labeling, of a commodity, or of the kind, character, terms or conditions of any employment opportunity if such advertising is misleading in a material respect. In determining whether any advertising is misleading, there shall be taken into account (among other things) not only representations made by statement, word, design, device, sound or any combination thereof, but also the extent to which the advertising fails to reveal facts material in the light of such representations with respect to the commodity or employment to which the advertising relates under the conditions prescribed in said advertisement, or under such conditions as are customary or usual. For purposes of this article, with respect to the advertising of an employment opportunity, it shall be deemed "misleading in a material respect" to either fail to reveal whether the employment available or being offered requires or is conditioned upon the purchasing or leasing of supplies, material, equipment or other property or whether such employment is on a commission rather than a fixed salary basis and, if so, whether the salaries advertised are only obtainable if sufficient commissions are earned. 2. An employer shall not be liable under this section as a result of a failure to disclose all material facts relating to terms and conditions of employment if the aggrieved person has not suffered actual pecuniary damage as a result of the misleading advertising of an employment opportunity or if the employer has, prior to the aggrieved person suffering any pecuniary damage, disclosed in writing to that person a full and accurate description of the kind, character, terms and conditions of the employment opportunity. 3. It shall constitute false advertising to display or announce, in print or broadcast advertising, the price of an item after deduction of a rebate unless the actual selling price is displayed or announced, and clear and conspicuous notice is given in the advertisement that a mail-in rebate is required to achieve the lower net price. ..

2. In addition to any civil penalty available under section three hundred fifty-d of this article, whenever there shall be an actual or threatened violation of this section an application may be made to a court or justice having jurisdiction to issue an injunction, upon notice to the defendant of not less than five days, to enjoin and restrain such actual or threatened violation; if it shall appear to the satisfaction of the court or justice that the defendant is in fact assuming, adopting or using such title or is about to assume, adopt or use such title and that the assumption, adoption or use of such title may deceive or mislead the public, an injunction may be issued by said court or justice enjoining and restraining such actual or threatened violation without requiring proof that any person has in fact been deceived or misled thereby. S

350-c. Notice of proposed action. Before the attorney-general commences an action pursuant to section three hundred fifty-d of this article he shall be required to give the person against whom such action is contemplated appropriate notice by certified mail and an opportunity to show, either orally or in writing, why such action should not be commenced. In such showing, said person may present, among other things, evidence that the advertisement is 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 state of New York.

 S 350-d. Civil penalty. Any person, firm, corporation or association or agent or employee thereof who engages in any of the acts or practices stated in this article to be unlawful shall be liable to a civil penalty of not more than five hundred dollars for each violation, which shall accrue to the state of New York and may be recovered in a civil action brought by the attorney-general. In any such action it shall be a complete defense that the advertisement is 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 state of New York. S 350-e. Construction. 1. This article neither enlarges nor diminishes the rights of parties in private litigation except as provided in this section.

2. This article does not repeal the provisions of subdivision twelve of section sixty-three of the executive law. 3. Any person who has been injured by reason of any violation of section three hundred fifty or three hundred fifty-a of this article 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.

 S 350-f. Exceptions. Nothing in this article shall apply to any television or sound radio broadcasting station or to any publisher or printer of a newspaper, magazine, or other form of printed advertising, who broadcasts, publishes, or prints such advertisement. S 350-f-1. After-the-fact referral fees. 1. No person, firm, partnership, corporation, association, or other entity shall demand or receive a referral fee or compensation of any kind for (i) a referral from any person or other entity relative to finding a seller of real property after a bona fide real estate listing agreement has been signed, (ii) a referral from any person or other entity relative to finding a buyer for real property after a bona fide offer to purchase real property is accepted, or (iii) a referral from any person or other entity relative to finding real property after a bona fide buyer`s agency agreement has been signed, unless reasonable cause for payment of such compensation exists. 2. Any violation of subdivision one of this section shall constitute a deceptive act or practice within the meaning of section three hundred forty-nine of this article.

417-a. Mandatory disclosures by sellers prior to resale. (New York State Consolidated Laws : Vehicle & Traffic)
 

 1.  Certificate  of prior use by dealer. (a) Upon the sale or transfer of title by a dealer of any second-hand passenger motor vehicle,  the  dealer  shall
execute  and  deliver  to  the  buyer an instrument in writing in a form prescribed by the commissioner which shall set forth the nature  of  the
principal  prior use of such vehicle when the dealer knows or has reason to know that such use was as a taxicab, rental vehicle, police  vehicle,
or  vehicle  which  has  been repurchased pursuant to either section one hundred ninety-eight-a or one  hundred  ninety-eight-b  of  the  general
business  law,  a similar statute of another state, or an arbitration or alternative dispute procedure. (emphasis added)...

 4. Private Remedy. A consumer injured by a violation of this section may bring an action to recover damages. Judgment may be entered for
three times the actual damages suffered by a consumer or one hundred dollars, whichever is greater. A court also may award reasonable
attorneys` fees to a prevailing plaintiff buyer.
 

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