N.Y. Gen. Bus. Law § 349

§ 349. Deceptive acts and practices unlawful. (a) Deceptive acts or\npractices in the conduct of any business, trade or commerce or in the\nfurnishing of any service in this state are hereby declared unlawful.\n (b) Whenever the attorney general shall believe from evidence\nsatisfactory to him that any person, firm, corporation or association or\nagent or employee thereof has engaged in or is about to engage in any of\nthe acts or practices stated to be unlawful he may bring an action in\nthe name and on behalf of the people of the state of New York to enjoin\nsuch unlawful acts or practices and to obtain restitution of any moneys\nor property obtained directly or indirectly by any such unlawful acts or\npractices. In such action preliminary relief may be granted under\narticle sixty-three of the civil practice law and rules.\n (c) Before any violation of this section is sought to be enjoined, the\nattorney general shall be required to give the person against whom such\nproceeding is contemplated notice by certified mail and an opportunity\nto show in writing within five business days after receipt of notice why\nproceedings should not be instituted against him, unless the attorney\ngeneral shall find, in any case in which he seeks preliminary relief,\nthat to give such notice and opportunity is not in the public interest.\n (d) In any such action it shall be a complete defense that the act or\npractice is, or if in interstate commerce would be, subject to and\ncomplies with the rules and regulations of, and the statutes\nadministered by, the federal trade commission or any official\ndepartment, division, commission or agency of the United States as such\nrules, regulations or statutes are interpreted by the federal trade\ncommission or such department, division, commission or agency or the\nfederal courts.\n (e) Nothing in this section shall apply to any television or radio\nbroadcasting station or to any publisher or printer of a newspaper,\nmagazine or other form of printed advertising, who broadcasts,\npublishes, or prints the advertisement.\n (f) In connection with any proposed proceeding under this section, the\nattorney general is authorized to take proof and make a determination of\nthe relevant facts, and to issue subpoenas in accordance with the civil\npractice law and rules.\n (g) This section shall apply to all deceptive acts or practices\ndeclared to be unlawful, whether or not subject to any other law of this\nstate, and shall not supersede, amend or repeal any other law of this\nstate under which the attorney general is authorized to take any action\nor conduct any inquiry.\n (h) In addition to the right of action granted to the attorney general\npursuant to this section, any person who has been injured by reason of\nany violation of this section may bring an action in his own name to\nenjoin such unlawful act or practice, an action to recover his actual\ndamages or fifty dollars, whichever is greater, or both such actions.\nThe court may, in its discretion, increase the award of damages to an\namount not to exceed three times the actual damages up to one thousand\ndollars, if the court finds the defendant willfully or knowingly\nviolated this section. The court may award reasonable attorney's fees to\na prevailing plaintiff.\n (j) Notwithstanding any law to the contrary, all monies recovered or\nobtained under this article by a state agency or state official or\nemployee acting in their official capacity shall be subject to\nsubdivision eleven of section four of the state finance law.\n