New York General Business Law (GBL) Sections 349 and 350, modeled after the Federal Trade Commission Act, are intended to protect consumers from economic injuries caused by deceptive trade practices and misleading or false advertisements. Under Section 349(a), it is unlawful to engage in "[d]eceptive acts or practices in the conduct of any business, trade or commerce or in the furnishing of any service in this state." Section 349(h) extends the right of action to private individuals. Under Section 350, "[f]alse advertising in the conduct of any business, trade or commerce or in the furnishing of any service is declared unlawful."

Consumers bringing a cause of action under Section 349 or 350 thus must satisfy three elements, that (1) the defendant engaged in an act that was directed at consumers or that the false advertisement impacted consumers at large, (2) the act engaged in or advertisement was materially deceptive or misleading and (3) the plaintiff was injured as a result. See Andre Strishak & Assocs. v. Hewlett Packard, 300 A.D.2d 608, 609 (2d Dep't 2002).