GENERAL BUSINESS LAW (CONSUMER PROTECTION)
DO I HAVE GROUNDS TO SUE?
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).
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).