Deceptive trade practices may be characterized by disinformation, false claims, and other misleading tactics that are intended to lure the public into buying a product or service. Take, for instance, a store that advertises a product, but it doesn’t actually sell that product -- or it uses bait-and-switch tactics on its customers. Or a car dealer who rolls back the mileage on an odometer. These acts fall under deceptive trade practices.
While New York has not adopted the Uniform Deceptive Trade Practices Act, it has laws specifically prohibiting false advertising and odometer tampering (a misdemeanor). These laws provide both criminal and civil remedies. This essentially means that the laws allow for criminal prosecution by the attorney general, as well as private litigation brought by the party injured by the deceptive practices. If an injured party prevails on a deceptive trade practices claim, he or she may be awarded actual damages up to $1,000 (in cases of willful or purposeful deception), as well as the costs and fees associated with his or her legal representation.
Below are the basics of New York deceptive trade practices law. See Details on State Deceptive Trade Practices and Fair Advertising FAQ: A Guide for Small Business to learn more.
| Uniform Deceptive Trade Practices Act Adopted | No; Consumer Protection From Deceptive Acts and Practices (§349-350-e) |
| False Advertising Forbidden | Yes (Gen. Bus. §350) |
| Who May Bring Suit | Attorney general (Gen. Bus. §350-d); private litigation (Gen. Bus. §350-e) for party injured |
| Remedies Available | Three times actual damages up to $1,000 for willful violations, attorneys fees (§350-e) |
| Auto Odometer Tampering Forbidden | Yes (Gen. Bus. §392-e), misdemeanor |
Note:Â State laws are constantly changing -- contact a New York consumer protection attorney or conduct your own legal research to verify the state law(s) you are researching.
More Information
For more information on New York’s deceptive trade practices laws, feel free to click on the links below for access to additional resources. You can also find general information on consumer rights and trade practices by visiting FindLaw’s consumer protection section. Finally, consider hiring a consumer protection attorney to protect your legal rights if you need more specialized assistance or legal advice.
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