Consumer Rights

False advertising in New York is any deceptive act or practice in consumer transactions that misleads the public, including false, misleading, or incomplete statements about goods or services.

No, businesses in New York cannot charge excessive prices during a declared emergency — doing so may violate the state's price gouging law, which prohibits charging unconscionably high prices for essential goods and services.

No, you do not need to prove the company intended to deceive you. GBL § 349 prohibits deceptive acts or practices, regardless of intent.

Yes, you can sue a company for deceptive business practices in New York under General Business Law § 349, which prohibits deceptive acts or practices in the conduct of any business.

GBL § 349 applies only to consumer-oriented conduct—not purely business-to-business transactions—unless the transaction impacts consumers or has a broader public impact.

Yes, you can file a class action for deceptive practices under New York’s General Business Law § 349, provided the claims meet statutory and procedural requirements for class certification.

Yes, you can sue for emotional distress caused by deceptive business practices in New York—but only if the conduct rises to the level of intentional or reckless infliction of emotional distress, or if it violates specific consumer protection laws like GBL § 349.

The New York Attorney General (AG) is the chief enforcer of consumer protection laws, with broad authority to investigate, sue, and obtain restitution or penalties for deceptive or fraudulent business practices.

In New York, when you buy a product, it comes with two implied warranties: the warranty of merchantability (the item is fit for ordinary use) and the warranty of fitness for a particular purpose (if the seller knows your specific need and you rely on their expertise).

Yes, a seller in New York can disclaim the implied warranty of merchantability, but only if the disclaimer is conspicuous and uses specific language such as 'merchantability' or 'all warranties.'

No, New York law does not require sellers to provide a written warranty for consumer products, but if they choose to offer one, it must comply with state and federal warranty laws.

Yes, in New York, you can sue a manufacturer directly for breach of warranty even if you bought the product from a retailer — no privity of contract is required.

Yes, if you bought a used car from a dealer in New York for $1,500 or more, and it has a defect covered by the dealer’s written warranty that remains unresolved after reasonable repair attempts.

If your new car in New York has a substantial defect covered by the manufacturer’s warranty that cannot be fixed after a reasonable number of attempts, you may be entitled to a replacement vehicle or full refund under the Lemon Law.

In New York, an item pricing label must include the selling price in U.S. dollars, be clearly visible to customers, and be affixed to the item or its immediate display area.

Generally, no — in New York, a store cannot charge more at the register than the posted shelf price unless an exception applies, such as a clearly disclosed 'scantron error' policy.

No, gift cards sold in New York cannot have expiration dates, and any dormancy or service fees are prohibited unless specific exceptions apply.

Yes, you can cancel most door-to-door sales in New York within three business days. The seller must give you a cancellation form and written notice of this right at the time of sale.

Yes, in New York you can cancel a health club membership within three business days of signing — no reason needed — if the contract was signed at a location other than the club’s permanent place of business.

Yes, online purchases in New York are fully covered by the state’s consumer protection laws, including the General Business Law and the Deceptive Acts and Practices Act.

You can sue for breach of contract or negligence, demand repairs or compensation, and file a complaint with the New York Attorney General or NYC Department of Consumer and Worker Protection. You generally have up to 6 years to sue for written contracts.

No, landlords in New York cannot charge illegal rental application fees. Most application fees are prohibited under the Housing Stability and Tenant Protection Act of 2019.

Yes, but only in limited circumstances — telemarketers generally cannot call you if your number is on the National Do-Not-Call Registry, and New York law adds extra protections.

Under New York GBL § 349, you may recover actual damages, injunctive relief, and — if the violation was willful — up to three times actual damages (treble damages) plus attorney’s fees.

The statute of limitations for a consumer protection claim under New York’s General Business Law § 349 is three years from the date the violation occurred.