NEW YORK STATE CONSUMER PROTECTION LAWS

FREE CONSULTATION ON YOUR DECEPTION OR FRAUD CLAIM CALL 973-598-1980

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CONSUMER PROTECTION FROM DECEPTIVE ACTS AND PRACTICES General Business Law Section 349.

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,

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Law Offices of Howard A. Gutman,
230 Route 206, Mount Olive, New Jersey 07836
(973) 598-1980, E-mail Howian@aol.com
Fax (973)598-1982
305 Madison Avenue, Suite 449
New York, New York 10165 (212) 886-4838 (please call our NJ office for initial consultations)
 

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