AG/CFPB/FTC Consumer Complaint Pack - New York

NEW YORK CONSUMER COMPLAINT PACK

Multi-Agency Regulatory Complaint Kit for New York Consumers

Purpose: This complaint pack provides comprehensive templates for filing consumer protection complaints with the New York Attorney General, the New York Department of Financial Services (DFS), the NYC Department of Consumer and Worker Protection (DCWP) (for NYC residents), the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), and industry-specific federal and state regulators. New York has one of the strongest consumer protection frameworks in the nation, with the AG wielding broad authority under both GBL §§ 349-350 and Executive Law § 63(12).

When to Use This Pack:

• A business has engaged in deceptive, unfair, or fraudulent trade practices
• A financial institution has violated consumer financial protection laws
• You have been the victim of fraud, scams, or misleading business conduct
• Prior attempts to resolve the dispute directly with the business have failed
• You seek regulatory investigation, enforcement, or mediation assistance

DOCUMENT 1: NEW YORK ATTORNEY GENERAL CONSUMER COMPLAINT

New York State Office of the Attorney General — Consumer Frauds and Protection Bureau

Agency Contact Information

Regional Offices

Statutory Authority

New York's consumer protection framework combines two powerful statutes with the AG's broad fraud enforcement authority:

1. General Business Law § 349 — Deceptive Acts and Practices

• Prohibits "deceptive acts or practices in the conduct of any business, trade or commerce or in the furnishing of any service"
• AG enforcement: injunctive relief, restitution, civil penalties up to $5,000 per violation
• Private right of action: actual damages (minimum $50), treble damages up to $1,000, plus attorney fees
• Lower burden of proof than common law fraud — no proof of intent or reliance on individual plaintiff required for AG actions

2. General Business Law § 350 — False Advertising

• Prohibits "false advertising in the conduct of any business, trade or commerce or in the furnishing of any service"
• AG enforcement: injunctive relief, penalties
• Private right of action: actual damages (minimum $500), treble damages up to $10,000, plus attorney fees

3. Executive Law § 63(12) — AG Fraud Authority

• Grants the AG broad authority to investigate and take action against "repeated fraudulent or illegal acts" and "persistent fraud or illegality in the carrying on, conducting or transaction of business"
• AG may seek injunctions, restitution, disgorgement, dissolution of business entities
• This is a particularly powerful tool — the AG need only show a likelihood of deception to the public, not actual individual reliance

SECTION 1: COMPLAINANT INFORMATION

Full Legal Name: [________________________________]

Mailing Address:

Contact Information:

Attorney Information (if represented):

SECTION 2: RESPONDENT/BUSINESS INFORMATION

Business Name: [________________________________]

Doing Business As (DBA): [________________________________]

Type of Business:
☐ Retail Store
☐ Online Retailer / E-Commerce
☐ Auto Dealer
☐ Home Improvement / Contractor
☐ Financial Institution / Lender
☐ Insurance Company
☐ Telecommunications Provider
☐ Utility Company
☐ Healthcare Provider / Health Plan
☐ Travel / Hospitality
☐ Real Estate / Landlord / Property Management
☐ Professional Services
☐ Debt Collector
☐ For-Profit School / Education
☐ Other: [________________________________]

Contact Person at Business (if known): [________________________________]

Title/Position: [________________________________]

Account/Policy/Loan/Contract Number: [________________________________]

SECTION 3: TRANSACTION DETAILS

SECTION 4: COMPLAINT NARRATIVE

A. What Was Promised or Represented

Describe in detail what the business promised, advertised, or represented:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

B. What Actually Occurred

Describe what actually happened:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

C. Chronological Description of Events

D. Applicable Violations Under New York Law

GBL § 349 — Deceptive Acts or Practices:
☐ Materially misleading representations to consumers
☐ Deceptive omissions (failure to disclose material facts)
☐ Misleading pricing or fee disclosures
☐ Bait-and-switch tactics
☐ Deceptive subscription or auto-renewal practices
☐ Unauthorized charges or billing
☐ Deceptive debt collection practices
☐ Other deceptive act or practice: [________________________________]

GBL § 350 — False Advertising:
☐ False statements in advertising
☐ Misleading product claims
☐ Deceptive pricing in advertising
☐ Failure to disclose material terms in advertising
☐ Other false advertising: [________________________________]

Executive Law § 63(12) — Persistent Fraud:
☐ Repeated fraudulent business practices
☐ Persistent illegal conduct in business operations
☐ Other: [________________________________]

SECTION 5: PRIOR RESOLUTION ATTEMPTS

Have you attempted to resolve this matter directly with the business?

☐ Yes ☐ No

If yes, describe your attempts:

Have you filed a complaint with any other agency regarding this matter?

☐ Yes ☐ No

If yes, identify the agency and complaint/case number:

SECTION 6: DAMAGES AND LOSSES

Financial Losses:

Non-Financial Harm:
☐ Credit score damage
☐ Emotional distress
☐ Loss of use of product/service
☐ Service disruption
☐ Privacy violation
☐ Identity theft
☐ Other: [________________________________]

SECTION 7: RELIEF REQUESTED

☐ Full refund of $ [________________]
☐ Partial refund of $ [________________]
☐ Repair or replacement of product/service
☐ Contract cancellation without penalty
☐ Correction of billing errors
☐ Cease and desist deceptive practices
☐ Correction of credit reporting
☐ Cease debt collection activity
☐ Compensation for damages: $ [________________]
☐ Other: [________________________________]

SECTION 8: SUPPORTING DOCUMENTATION CHECKLIST

☐ Signed contract or agreement
☐ Receipts or proof of payment
☐ Written correspondence with business (letters, emails)
☐ Text messages or chat logs
☐ Advertising materials (print ads, screenshots of online ads, flyers)
☐ Product photographs
☐ Warranty or guarantee documents
☐ Billing statements or invoices
☐ Credit card or bank statements showing charges
☐ Credit reports showing impact
☐ Repair estimates or invoices
☐ Police report (if applicable)
☐ Witness statements
☐ Other: [________________________________]

SECTION 9: CERTIFICATION AND SIGNATURE

I certify that the information provided in this complaint is true and correct to the best of my knowledge. I understand that the Attorney General's Office may share this complaint with the business and other government agencies. I consent to the AG's office contacting the business on my behalf.

Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

WHAT TO EXPECT AFTER FILING WITH THE NY AG

1. Intake and Review — The Consumer Frauds Bureau reviews your complaint to determine jurisdiction and priority.
2. Mediation — The Bureau may contact the business and attempt to mediate a resolution.
3. Investigation — If the complaint involves a pattern of fraud or significant consumer harm, the AG may open a formal investigation using subpoena power under Executive Law § 63(12).
4. Enforcement — The AG may bring an action seeking injunctive relief, restitution, disgorgement, civil penalties ($5,000/violation under GBL § 349), and potentially dissolution of the business entity.
5. Referral — The AG may refer your complaint to another agency (DFS, DCWP, etc.) if more appropriate.
6. No Individual Representation — The AG does not represent individual consumers. For private claims, consult an attorney about GBL § 349/350 private actions.

DOCUMENT 1A: NEW YORK DFS COMPLAINT (FINANCIAL SERVICES)

New York Department of Financial Services

Agency Contact Information

DFS Jurisdiction

The DFS regulates financial services companies operating in New York, including:

• Banks and trust companies (state-chartered)
• Insurance companies (all lines)
• Mortgage companies and servicers
• Licensed lenders
• Money transmitters
• Student loan servicers (under the Student Loan Servicer Act)
• Debt collectors (licensed)
• Credit reporting agencies (under the Fair Credit Reporting Act and NY Financial Services Law)
• Cryptocurrency businesses (BitLicense)

DFS Complaint Categories:
☐ Banking (state-chartered banks, mortgage servicers)
☐ Insurance (auto, home, health, life, disability)
☐ Student Loan Servicing
☐ Debt Collection
☐ Foreclosure / Mortgage Assistance
☐ Bail Agents
☐ Other Financial Service or Product: [________________________________]

DOCUMENT 1B: NYC DCWP COMPLAINT (NYC RESIDENTS ONLY)

NYC Department of Consumer and Worker Protection

Agency Contact Information

DCWP Jurisdiction (NYC Only)

The DCWP is the primary consumer protection agency for New York City. It licenses and regulates businesses operating within the five boroughs and enforces the NYC Consumer Protection Law and related rules.

DCWP-Regulated Industries Include:
☐ Electronics stores (pricing, refund policies)
☐ Home improvement contractors (NYC licensed)
☐ Debt collectors (NYC rules — stricter than FDCPA)
☐ Used car dealers
☐ Tax preparers
☐ Tow companies
☐ Employment agencies
☐ Sidewalk cafes and food establishments
☐ Other NYC-licensed businesses: [________________________________]

DCWP Mediation Process:

1. DCWP receives your complaint and assigns a mediator.
2. The mediator contacts both you and the business to negotiate a resolution.
3. If mediation fails, DCWP may take enforcement action or refer you to other agencies.

DOCUMENT 2: CFPB CONSUMER FINANCIAL COMPLAINT

Consumer Financial Protection Bureau

Agency Contact Information

Statutory Authority

The CFPB was established by the Consumer Financial Protection Act of 2010 (12 U.S.C. § 5531), part of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The CFPB has authority to take action against unfair, deceptive, or abusive acts or practices (UDAAP) by providers of consumer financial products and services.

SECTION 1: PRODUCT/SERVICE CATEGORY

☐ Credit Reporting / Credit Score — Incorrect information, disputes, identity theft reporting
☐ Debt Collection — Harassment, false representations, unfair practices
☐ Credit Card — Billing disputes, fees, interest rates, rewards
☐ Checking/Savings Account — Unauthorized transactions, fees, account management
☐ Mortgage — Applications, closing, payments, escrow, servicing, foreclosure
☐ Student Loan — Federal or private loans, repayment, forgiveness, servicing
☐ Vehicle Loan/Lease — Auto financing, GAP insurance, repossession
☐ Personal Loan — Installment loans, personal lines of credit
☐ Payday Loan — Short-term lending, rollovers, collections
☐ Money Transfer / Virtual Currency — Wire transfers, remittances, cryptocurrency
☐ Prepaid Card — General purpose reloadable cards, government benefit cards
☐ Title Loan — Title lending, repossession

Sub-Product (if applicable): [________________________________]

SECTION 2: ISSUE TYPE

Credit Reporting Issues:
☐ Incorrect information on your report
☐ Improper use of your report
☐ Problem with a credit reporting company's investigation
☐ Unable to get your credit report or credit score
☐ Problem with fraud alerts or credit freezes

Debt Collection Issues:
☐ Attempts to collect debt not owed
☐ Written notification about debt
☐ Communication tactics (harassment, calls at odd hours)
☐ Threatened or took negative action
☐ False statements or representation

Mortgage Issues:
☐ Applying for a mortgage or refinancing
☐ Closing on a mortgage
☐ Trouble during payment process
☐ Struggling to pay mortgage
☐ Problem with escrow account

Bank Account Issues:
☐ Opening an account
☐ Managing an account
☐ Closing an account
☐ Problem with a lender or other company charging your account
☐ Problem caused by insufficient funds

SECTION 3: COMPLAINT NARRATIVE (CFPB FORMAT)

Complainant Information:

Company Information:

What Happened:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Desired Resolution:

[________________________________]
[________________________________]
[________________________________]

SECTION 4: CFPB COMPLAINT PROCESS AND TIMELINE

What CFPB Can and Cannot Do

CFPB CAN:

• Forward your complaint to the company and require a response
• Track and publish complaint data in its public database
• Identify patterns and trends in company behavior
• Take enforcement action against companies with systemic violations
• Refer complaints to other federal or state agencies

CFPB CANNOT:

• Act as your personal attorney or provide legal advice
• Guarantee individual resolution of your complaint
• Order a company to pay you damages
• Investigate complaints about non-financial products or services

DOCUMENT 3: FTC COMPLAINT

Federal Trade Commission — Report Fraud

Agency Contact Information

Statutory Authority

The FTC enforces Section 5 of the Federal Trade Commission Act (15 U.S.C. § 45), which prohibits "unfair or deceptive acts or practices in or affecting commerce."

SECTION 1: COMPLAINT TYPE

☐ Scams and Fraud — Imposter scams, phishing, fake prizes/lotteries, advance fee fraud
☐ Identity Theft — Unauthorized use of personal information
☐ Unwanted Calls/Texts/Email — Robocalls, spam, Do Not Call violations
☐ Online Shopping — Non-delivery, counterfeit goods, deceptive websites
☐ Credit and Debt — Debt relief scams, credit repair scams, illegal lending
☐ Jobs and Making Money — Work-from-home scams, business opportunity fraud
☐ Health and Fitness — Deceptive health claims, weight loss scams
☐ Home and Auto — Home improvement fraud, auto dealer deception
☐ Education — For-profit school fraud, student loan scams
☐ Privacy and Data Security — Data breaches, unauthorized data collection
☐ Other — [________________________________]

SECTION 2: FTC COMPLAINT NARRATIVE

Your Information:

About the Company/Individual:

What Happened:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Amount Paid: $ [________________________________]

Payment Method: ☐ Credit Card ☐ Debit Card ☐ Wire Transfer ☐ Gift Card ☐ Cash ☐ Cryptocurrency ☐ Other: [________]

SECTION 3: WHAT THE FTC DOES WITH YOUR COMPLAINT

• Pattern Tracking: The FTC collects complaints in its Consumer Sentinel Network database, shared with over 2,800 law enforcement agencies.
• Enforcement Actions: The FTC uses complaint data to identify patterns and bring enforcement actions.
• No Individual Resolution: The FTC does not resolve individual complaints. FTC enforcement actions may result in court-ordered refunds.
• Referral: The FTC may refer complaints to other agencies.

DOCUMENT 4: INDUSTRY-SPECIFIC REGULATORS

Federal Banking and Financial Regulators

Other Federal Regulators

New York State Regulators

New York City Regulators (NYC Only)

FILING STRATEGY AND PRACTICE TIPS

When to File with Which Agency (New York-Specific)

New York-Specific Practice Tips

1. GBL § 349 — Low bar for AG enforcement — The AG need only show that the practice was "misleading in a material respect" and that the plaintiff was "injured by reason thereof." No proof of intent to defraud or actual individual reliance is required.
2. Treble damages available in private actions — Under GBL § 349(h), courts may award treble damages up to $1,000. Under GBL § 350-e, treble damages up to $10,000 are available for false advertising.
3. Three-year statute of limitations — Private actions under GBL § 349/350 must be brought within three years.
4. NYC has additional protections — NYC DCWP enforces NYC Consumer Protection Law, which may provide additional protections beyond state law, including stricter debt collection rules.
5. DFS is aggressive on financial services — NY DFS is one of the most active state financial regulators. For financial complaints, filing with DFS often gets faster results than CFPB.
6. Executive Law § 63(12) — This gives the AG extraordinarily broad authority. If your complaint involves repeated or persistent fraud, the AG can seek dissolution of the business entity itself.
7. File with multiple agencies — NYC residents should consider filing with DCWP, the AG, and DFS/CFPB simultaneously.
8. Small claims court — NYC small claims court handles claims up to $10,000 (up to $5,000 in other NY courts). This is a fast, inexpensive alternative for individual claims.

Complaint Tracking Log

SOURCES AND REFERENCES

1. New York General Business Law §§ 349-350
   https://ag.ny.gov/resources/individuals/consumer-issues

2. New York Executive Law § 63(12)

3. New York Attorney General — File a Consumer Complaint
   https://ag.ny.gov/file-complaint/consumer

4. New York Department of Financial Services — File a Complaint
   https://www.dfs.ny.gov/complaint

5. NYC Department of Consumer and Worker Protection
   https://www.nyc.gov/site/dca/consumers/file-complaint.page

6. Consumer Financial Protection Bureau — Submit a Complaint
   https://www.consumerfinance.gov/complaint/

7. CFPB Complaint Process
   https://www.consumerfinance.gov/complaint/process/

8. Consumer Financial Protection Act — 12 U.S.C. § 5531

9. FTC — Report Fraud
   https://reportfraud.ftc.gov/

10. New York Department of Public Service
    https://www.dps.ny.gov

11. New York Division of Consumer Protection
    https://dos.ny.gov/consumer-protection

This template is provided for informational purposes only and does not constitute legal advice. Filing a complaint with a government agency does not create an attorney-client relationship, toll any statute of limitations, or guarantee any particular outcome. Consult a qualified attorney licensed in New York for advice on your specific situation.