US-New York

What is the AG's role in enforcing consumer protection in New York?

100+ cases/yr
Avg. consumer suits filed
$500M+
Restitution recovered (2023)
60 days
Notice before suing businesses
3 years
Statute of limitations (GBL § 349)
The Short Answer

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.

What the Law Says

New York law grants the Attorney General sweeping authority to protect consumers from fraud, deception, and unfair practices — both through civil enforcement and rulemaking.

The cornerstone of consumer protection in New York is General Business Law (GBL) Article 22, especially § 349 (‘Deceptive acts and practices’) and § 350 (‘False advertising’). These statutes empower the AG to bring lawsuits against businesses that engage in misleading conduct affecting the public.

Under GBL § 349(h), the AG may commence an action ‘in the name of the people of the state’ whenever they have reason to believe a person has engaged in a deceptive act or practice. The law does not require proof of intent or individual consumer reliance — only that the conduct was materially misleading and occurred in ‘trade or commerce’.

The AG also has independent investigative power under Executive Law § 63(12), which authorizes subpoenas, document demands, and hearings to uncover consumer fraud — even without a pending complaint.

Statutory Text

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.

General Business Law § 349(a) — Deceptive acts and practices
Statutory Text

The attorney general may commence an action… in the name of the people of the state to enjoin such acts or practices… and to recover damages or restitution on behalf of persons adversely affected.

General Business Law § 349(h) — Enforcement by attorney general
Statutory Text

The attorney general… may issue subpoenas… and compel the attendance of witnesses… whenever he or she has reason to believe that any person… has engaged in any action or practice declared unlawful.

Executive Law § 63(12) — Powers of the attorney general

What Courts Have Said

New York courts have consistently upheld the AG’s broad enforcement authority — interpreting GBL § 349 and Executive Law § 63(12) expansively to prioritize consumer welfare over technical defenses.

People v. Feldman
NY Court of Appeals · 2017

Confirmed that GBL § 349 does not require proof that consumers actually relied on the deception — only that the practice was materially misleading to a reasonable consumer.

People v. DaimlerChrysler Corp.
NY Appellate Division, First Dept · 2005

Upheld the AG’s use of Executive Law § 63(12) to compel internal corporate documents during a consumer fraud investigation, rejecting claims of overreach.

What to Do

1

File a complaint online at ag.ny.gov/consumer or call 1-800-771-7755 if you’ve been harmed by deceptive business practices.

2

Provide detailed information: dates, names, receipts, ads, or communications showing the misleading conduct.

3

The AG’s office reviews all complaints and may open an investigation — especially if multiple reports point to the same pattern.

4

If the AG sues, affected consumers may receive restitution automatically or via court-approved notice; no individual lawsuit is needed.

5

Businesses receiving a § 63(12) letter must respond within the deadline (often 30 days) — consult counsel promptly.

Sources

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.