US-New YorkCan I sue a company for deceptive business practices in New York?
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.
What the Law Says
New York’s primary tool for fighting deceptive business practices is General Business Law § 349, often called the ‘Little FTC Act.’ It empowers consumers and the Attorney General to challenge misleading, false, or abusive conduct by businesses.
General Business Law § 349 makes it unlawful for any person to engage in 'deceptive acts or practices in the conduct of any business, trade or commerce or in the furnishing of any service.' The law applies broadly — to almost any commercial activity affecting consumers in New York.
To succeed in a private lawsuit, you must show: (1) the defendant’s act or practice was consumer-oriented; (2) it was misleading in a material way; and (3) you suffered injury as a result. Importantly, you do *not* need to prove the company intended to deceive — negligence or recklessness is enough.
If you win, you may recover actual damages, statutory damages of at least $500 (if actual damages are less), reasonable attorney’s fees, and injunctive relief. The statute of limitations is six years from when the claim accrued.
Statutory TextDeceptive acts or practices in the conduct of any business, trade or commerce or in the furnishing of any service.
— N.Y. Gen. Bus. Law § 349(a) — Deceptive acts or practices
Statutory TextAny person who has been injured by reason of any violation of this section may bring an action… to enjoin such acts or practices, and to recover his actual damages or five hundred dollars, whichever is greater…
— N.Y. Gen. Bus. Law § 349(h) — Private right of action
What Courts Have Said
New York courts have interpreted § 349 broadly to protect consumers — emphasizing that the law targets practices likely to mislead a reasonable consumer, not just outright fraud.
The Court of Appeals held that § 349 applies only to consumer-oriented conduct — meaning practices that have a broad impact on consumers, not isolated disputes between sophisticated parties.
The court confirmed that plaintiffs need not prove intent to deceive — only that the practice was materially misleading to a reasonable consumer.
What to Do
Gather evidence: Save ads, contracts, emails, receipts, and records showing the deceptive practice and your loss.
Send a demand letter to the company (optional but often helpful before suing).
File a complaint in New York State Supreme Court within 6 years of discovering the harm.
Consider consulting a consumer rights attorney — many take § 349 cases on contingency.
You may also file a complaint with the NY Attorney General’s Consumer Frauds Bureau online.
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.