GBL § 349 is a consumer protection statute. The New York Court of Appeals has set forth 3 factors that a court must consider when weighing a GBL § 349 claim: (1) whether the conduct was consumer-oriented, (2) was the act deceptive or materially misleading, (3) and did the complainant suffer an injury as a result of the misrepresentation. Stutman v. Chemical Bank, 95 N.Y.2d 24, 29 (2000); Andre Strishak & Assocs., P.C. v. Hewlett Packard Co., 300 A.D.2d 608, 752 N.Y.S.2d 400 (2nd Dept.2002).

If you have been harmed by deceptive conduct that may fall under the General Business Law, or need to defend a claim for a violation of the GBL, contact us online or call Scott Lanin, Esq. at (212) 764-7250 Ext.201. We offer a free phone consult to review and evaluate your case or you can schedule an office consult.

The Statute of Limitations for GBL § 349 is governed by New York CPLR 214(2). Corsello v. Verizon New York, Inc., 18 N.Y.3d 777, 789 (2012). “That claim [, GBL § 349] is subject to the three-year limitations period imposed by CPLR 214(2), which applies to actions “to recover upon a liability . . . created or imposed by statute.” Id (emphasis added.) Accrual for a claim under GBL § 349 begins once a “plaintiff has been injured by a deceptive act or practice violating [GBL] section 349.” Gaidon v. Guardian Life Ins. Co. of Am., 96 N.Y.2d 201 (2001).