It may come as a surprise to many that New York, a leader on other consumer protection fronts, has one of the weakest general consumer protection laws in the country. Forty-two other states have “UDAP” statutes—laws that broadly ban unfair and deceptive acts and practices by businesses, and thereby enable people to protect themselves from businesses that engage in harmful conduct. New York’s notoriously weak consumer protection law, contained in Section 349 of the General Business Law, bans only deceptive acts and practices.
As a result, New Yorkers lack recourse under state law against any business that harms them through conduct that is unfair or abusive, but arguably not deceptive, such as when a debt collector harasses older adults into giving up their limited, legally protected income—conduct that has harmed many low-income New Yorkers and New Yorkers of color.
