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Re: Consumer complaint remedies
Posted by Robert H. Cochran on 8/26/05
Consumer complaint remedies Consumer complaints involving deceptive trade practices should be sent to the nearest office of the Attorney General. Consumers who have been coerced through a deceptive trade practice may also opt to sue for damages on their own. This option allows consumers to recover their actual damages or the sum of $50.00, whichever is greater. Also recoverable are attorney’s fees and treble damages up to $1,000.00 where it is shown that the violation was willful. Complaints involving violations that cross state lines should be referred to the Federal Trade Commission, which is authorized to investigate and prosecute offenses under 15 USC § 45. Consumers are not empowered to sue on their own behalf under this statute, but New York courts have traditionally held that any violation of the federal statute can be considered a violation of General Business Law § 346.
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