New York General Business Law Section 349 (GBL 349), titled “Deceptive Acts and Practices Unlawful,” provides in subsection (a) that “[d]eceptive acts or practices in the conduct of any business, trade or commerce or in the furnishing of any service in this state are hereby declared unlawful.” In addition to giving the New York State attorney general the ability to enforce the statute by obtaining injunctive relief and restitution, GBL 349, subsection (h) provides a private right of action, stating that:
[i]n addition to the right of action granted to the attorney general pursuant to this section, any person who has been injured by reason of any violation of this section may bring an action in his own name to enjoin such unlawful act or practice, an action to recover his actual damages or fifty dollars, whichever is greater, or both such actions. The court may, in its discretion, increase the award of damages to an amount not to exceed three times the actual damages up to one thousand dollars, if the court finds the defendant willfully or knowingly violated this section. The court may award reasonable attorneys’ fees to a prevailing plaintiff.
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