Consumer Protection Complaint

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF [COUNTY]

Index No.: [________________]

VERIFIED COMPLAINT — N.Y. GBL §§ 349 AND 350

===============================================================
TABLE OF CONTENTS
===============================================================
I. INTRODUCTION & NATURE OF ACTION.......................................... 1
II. JURISDICTION, VENUE & GOVERNING LAW..................................... 2
III. PARTIES................................................................... 3
IV. DEFINITIONS.............................................................. 4
V. FACTUAL ALLEGATIONS...................................................... 5
VI. CAUSES OF ACTION......................................................... 9
Count 1 – Violation of N.Y. Gen. Bus. Law § 349
Count 2 – Violation of N.Y. Gen. Bus. Law § 350
Additional Claims, If Independently Supported
VII. PRAYER FOR RELIEF....................................................... 15
VIII. DEMAND FOR JURY TRIAL................................................... 17
IX. VERIFICATION............................................................ 18
X. SIGNATURE BLOCK......................................................... 19

[Page numbers and footers to be added when finalized.]

===============================================================
I. INTRODUCTION & NATURE OF ACTION
===============================================================

1. Plaintiff(s) bring this private action for deceptive acts or practices under GBL § 349(h) and, if the facts concern advertising, false advertising under GBL §§ 350 and 350-e(3). Although § 349(a) was expanded in 2026 to address unfair and abusive conduct, subsection (h) continues to state a private cause of action for a person injured by a deceptive act or practice.
2. Plaintiff(s) seek (a) actual damages, (b) statutory and enhanced damages where authorized, (c) injunctive relief to halt the offending conduct, (d) reasonable attorneys’ fees, and (e) such further relief as the Court deems just and proper.
3. Plaintiff(s) expressly reserve all rights and remedies under applicable law.

===============================================================
II. JURISDICTION, VENUE & GOVERNING LAW
===============================================================

4. Plaintiff invokes the Supreme Court’s general original jurisdiction under N.Y. Const. art. VI, § 7 and alleges the following basis for personal jurisdiction over Defendant: [FACTS AND CURRENT STATUTORY BASIS].
5. Venue is proper in this County under CPLR § 503 because [Plaintiff / a Defendant] resided in this County when the action was commenced. [For a corporation, use its principal office under § 503(c); check any claim-specific venue statute.]
6. A substantial part of the events or omissions giving rise to the claim occurred in this County: [FACTS]. See CPLR § 503(a).
7. [If an arbitration or forum-selection agreement exists, plead only the case-specific facts and grounds supporting the selected forum.]

===============================================================
III. PARTIES
===============================================================

A. Plaintiff(s)

8. [PLAINTIFF FULL NAME] (“Plaintiff”) is a natural person domiciled at [ADDRESS] who purchased or considered purchasing [PRODUCT/SERVICE].

B. Defendant(s)

9. [DEFENDANT CORPORATE NAME] (“Defendant”) is a [STATE] corporation with its principal place of business at [ADDRESS], authorized to transact, and transacting, business in New York.
10. At all relevant times, Defendant advertised, offered for sale, and sold [PRODUCT/SERVICE] to consumers, including Plaintiff, in New York.

===============================================================
IV. DEFINITIONS
===============================================================

11. Unless otherwise indicated, the following capitalized terms shall have the meanings set forth below and apply equally to singular and plural forms:
    a. “Deceptive Practices” means the misleading, false, or deceptive acts or omissions alleged herein, including but not limited to misrepresentations regarding [PRODUCT/SERVICE] quality, characteristics, or pricing.
    b. “Product” means the [specific item/service] purchased by Plaintiff.
    c. “Transaction” means the purchase of the Product by Plaintiff from Defendant on or about [DATE].
    d. “Consumer Protection Statutes” means N.Y. GBL §§ 349 and 350, together with any implementing regulations and judicial interpretations thereof.

===============================================================
V. FACTUAL ALLEGATIONS
===============================================================

12. On [DATE], Plaintiff viewed Defendant’s advertisement for the Product on [MEDIUM] representing that the Product [contained/omitted] certain qualities, including “[QUOTE FROM AD].”
13. Relying on these representations, Plaintiff purchased the Product for $[AMOUNT].
14. The representations were material, false, and likely to mislead a reasonable consumer.

15. Contrary to the advertisements:
    a. The Product [description of defect or deficiency].
    b. Defendant failed to disclose [material omission].

16. Defendant had actual or constructive knowledge of the foregoing defects and omissions, as evidenced by [internal documents/complaints/regulatory findings, etc.].

17. Plaintiff would not have purchased, or would have paid substantially less for, the Product had the true facts been disclosed.
18. As a direct and proximate result, Plaintiff suffered actual damages, including but not limited to the purchase price, ancillary costs, and loss of the benefit of the bargain.
19. Defendant’s conduct was consumer-oriented, affecting the public at large, and was not a unique private dispute.

===============================================================
VI. CAUSES OF ACTION
===============================================================

Count 1 – Violation of New York General Business Law § 349
(Deceptive Acts and Practices)

20. Plaintiff realleges and incorporates by reference ¶¶ 1-19.
21. Defendant engaged in deceptive acts or practices within the meaning of GBL § 349 by misrepresenting material facts and/or omitting material information about the Product as alleged above.
22. Defendant’s deceptive acts were consumer-oriented and have a broad impact on the public.
23. Plaintiff was injured by reason of Defendant’s violations and is entitled to recover (a) actual damages or $50, whichever is greater, and (b) up to three times the actual damages, not to exceed $1,000, because Defendant’s acts were willful or knowing. See N.Y. Gen. Bus. Law § 349(h).
24. Plaintiff also seeks reasonable attorneys’ fees. Id.

Count 2 – Violation of New York General Business Law § 350
(False Advertising)

25. Plaintiff realleges and incorporates by reference ¶¶ 1-24.
26. Defendant caused to be distributed advertising that contained materially misleading statements and omissions.
27. Plaintiff relied upon said advertising to her detriment.
28. Under GBL § 350-e(3), Plaintiff seeks actual damages or $500, whichever is greater; injunctive relief; discretionary enhanced damages not exceeding three times actual damages up to $10,000 for a willful or knowing violation; and reasonable attorneys’ fees.

Additional Claims, If Independently Supported

29. Do not add fraud, unjust-enrichment, restitution, disgorgement, or punitive-damages requests from labels alone. Verify each proposed claim and remedy against current New York law and the case facts before adding it.

===============================================================
VII. PRAYER FOR RELIEF
===============================================================

WHEREFORE, Plaintiff respectfully demands judgment against Defendant as follows:

A. Compensatory damages in an amount to be determined at trial;
B. Statutory damages pursuant to GBL §§ 349(h) and 350-e(3);
C. Treble damages up to the statutory maximum;
D. [Other relief supported by the pleaded cause of action and case-specific facts];
E. Pre- and post-judgment interest as allowed by law;
F. Preliminary and permanent injunctive relief enjoining Defendant from continuing the Deceptive Practices;
G. Reasonable attorneys’ fees;
H. Such other and further relief as the Court deems just and proper.

===============================================================
VIII. DEMAND FOR JURY TRIAL
===============================================================

Plaintiff demands a trial by jury on all issues so triable and will timely comply with CPLR § 4102.

===============================================================
IX. VERIFICATION
===============================================================

STATE OF NEW YORK )
) ss.:
COUNTY OF [COUNTY] )

[PLAINTIFF NAME], being duly sworn, deposes and says: I am the Plaintiff in this action; I have read the foregoing Verified Complaint and know the contents thereof; the same are true to my knowledge, except as to matters stated to be alleged on information and belief, and as to those matters I believe them to be true.

________________________________
[PLAINTIFF NAME]
Sworn to before me this ___ day of __________, 20__.

________________________________
Notary Public

===============================================================
X. SIGNATURE BLOCK
===============================================================

Dated: [City], New York
[DATE]

__________________________________________
[ATTORNEY NAME] (Bar No. __________)
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Plaintiff

===============================================================
ADDITIONAL LITIGATION-SPECIFIC NOTES
===============================================================

• The official GBL § 349 page shows a revision dated April 3, 2026. Use the current text; do not convert the new Attorney General “unfair” or “abusive” authority into a private subsection (h) claim.
• Plead GBL § 350 only when the facts involve advertising and identify the advertisement, exposure, reliance, transaction, and loss.

SOURCES AND REFERENCES

• N.Y. Gen. Bus. Law § 349
• N.Y. Gen. Bus. Law § 350
• N.Y. Gen. Bus. Law § 350-e
• N.Y. C.P.L.R. 503
• N.Y. C.P.L.R. 4102 — current 2025 mirror text
• N.Y. Constitution art. VI — official current article
• New York Unified Court System — § 349 consumer-oriented element