US-New YorkWhat is the statute of limitations for a consumer protection claim in New York?
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.
What the Law Says
New York’s consumer protection law — General Business Law § 349 — prohibits deceptive acts or practices in the conduct of any business, trade, or commerce. The time limit to sue for such violations is set by the state’s general limitations statute for civil actions based on statutory liability.
Under New York Civil Practice Law and Rules (CPLR) § 214(2), 'an action to recover upon a liability, penalty or forfeiture created or imposed by statute' must be commenced within three years.
Courts have consistently held that claims under General Business Law § 349 fall under CPLR § 214(2) because they seek recovery for a statutory liability — not breach of contract or personal injury.
The three-year clock starts running on the date the deceptive act or practice occurred — not when the consumer discovered it — unless a narrow exception applies (e.g., fraudulent concealment, which is rarely successful in GBL § 349 cases).
Statutory TextAn action to recover upon a liability, penalty or forfeiture created or imposed by statute ... must be commenced within three years.
— CPLR § 214(2)
What Courts Have Said
New York courts have repeatedly confirmed that GBL § 349 claims are subject to the three-year limitations period in CPLR § 214(2), rejecting arguments for longer or discovery-based deadlines.
Held that GBL § 349 claims accrue at the time of the alleged deceptive act — not upon discovery — and are governed by CPLR § 214(2).
Confirmed that GBL § 349 creates a statutory cause of action subject to CPLR § 214(2), and rejected applying the six-year 'breach of contract' limitations period.
What to Do
Identify the date the alleged deceptive act occurred (e.g., misleading advertisement, false billing, bait-and-switch).
Calculate whether your claim falls within three years of that date.
If close to the deadline, file a complaint promptly — mailing or postmarking after the deadline does not extend it.
Consult an attorney immediately if fraud or concealment may apply — though courts impose a high bar for tolling the limitations period.
Preserve all evidence (ads, contracts, emails, receipts) showing the violation and its timing.
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.