New York: consumer-protection statute

Private right of action

Whether a person may bring a civil action under the statute.

Yes, any person injured by a deceptive act or practice may bring an action in their own name

§ 349(h)

any person who has been injured by reason of any deceptive act or deceptive practice made unlawful by this section may bring an action in such person's own name

Actual damages

Recovery for the loss a person actually suffered.

Recover such person's actual damages or fifty dollars, whichever is greater

§ 349(h)

an action to recover such person's actual damages or fifty dollars, whichever is greater

Statutory minimum damages

A stated minimum or fixed amount of damages.

Fifty dollars

§ 349(h)

actual damages or fifty dollars, whichever is greater

Multiple or punitive damages

Damages multiplied or increased to punish unlawful conduct.

Court may increase award to not exceed three times actual damages up to one thousand dollars if willful or knowing

§ 349(h)

increase the award of damages to an amount not to exceed three times the actual damages up to one thousand dollars

Attorney fees

Rules for recovering the cost of legal representation.

Court may award reasonable attorney's fees to a prevailing plaintiff (discretionary)

§ 349(h)

The court may award reasonable attorney's fees to a prevailing plaintiff.

Notice or demand before suit

Notice or a demand that must be sent before bringing an action.

Attorney general must give notice by certified mail and opportunity to show in writing within ten calendar days after receipt of notice

§ 349(c)

give the person against whom such action or proceeding is contemplated notice by certified mail and an opportunity to show in writing within ten calendar days after receipt of notice

Class action limits

Restrictions on bringing claims on behalf of a class.

Not found in the statute text reviewed

FTC interpretation clause

Directions to consider FTC or federal interpretations when applying the statute.

Complete defense if act or practice complies with FTC rules/regulations/statutes as interpreted by FTC or federal courts

§ 349(d)

subject to and complies with the rules and regulations of, and the statutes administered by, the federal trade commission

Time limit for a claim

The period in which an action must be brought.

Not found in the statute text reviewed

Injunctive relief

Court orders requiring conduct to stop or change.

Attorney general may enjoin unlawful acts or practices; injured person may bring action to enjoin deceptive act or practice

§ 349(b)(1), (h)

to enjoin such unlawful acts or practices

Attorney general civil penalties

Civil monetary penalties sought by the attorney general.

Not found in the statute text reviewed