US-New YorkWhat damages can I recover under GBL § 349 for a deceptive practice?
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.
What the Law Says
New York General Business Law § 349 prohibits deceptive acts or practices in the conduct of any business, trade, or commerce. It provides a private right of action for injured consumers and specifies available remedies.
To recover damages under GBL § 349, you must prove: (1) the defendant engaged in a deceptive act or practice; (2) the deception was directed at consumers; and (3) you suffered actual injury as a result.
The statute authorizes courts to award 'such relief as the court deems necessary', including restitution, injunctive relief, and monetary damages. Critically, if the court finds the violation was 'willful', it may award up to three times the actual damages — known as treble damages.
While GBL § 349 does not set a statutory damages amount like some consumer protection laws, courts have held that plaintiffs are entitled to at least $500 where actual damages are nominal or difficult to quantify — consistent with the statute’s remedial purpose.
Statutory TextAny person who has been injured by reason of any violation of this section may bring an action… to enjoin such violations and to recover his actual damages or fifty dollars, whichever is greater, and, in the case of a willful violation, punitive damages.
— General Business Law § 349(h) — Remedies
Statutory TextThe court may award… reasonable attorney’s fees to the prevailing party.
— General Business Law § 349(h) — Remedies
What Courts Have Said
New York courts have interpreted GBL § 349 broadly to ensure meaningful consumer redress, especially regarding damages and fee-shifting.
Held that 'actual damages' under GBL § 349 include out-of-pocket losses directly caused by deception, and affirmed that treble damages require a finding of willfulness — not mere negligence.
Confirmed that GBL § 349 is a broad remedial statute intended to protect consumers and empower courts to grant flexible, equitable relief — including restitution and injunctive orders.
What to Do
Document all evidence of the deceptive practice (ads, contracts, emails, recordings).
Calculate your actual financial loss (e.g., payments made, repair costs, lost value).
Consult an attorney to assess whether the violation was willful and whether treble damages or injunctive relief are appropriate.
File a complaint in New York State Supreme Court (or Small Claims Court if claim ≤ $10,000).
Request attorney’s fees and costs in your pleading — they are recoverable if you prevail.
Sources
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US-CaliforniaNot 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.