Consumer protection from bad actors.

Practice point: General Business Law article 22-A, entitled "Consumer Protection from Deceptive Acts and Practices," and which includes General Business Law §§ 349 and 350, deals with practices which have a broad impact on consumers at large. There is no private cause of action, originating in a contractual dispute, based on the statute.

Student note: To successfully assert a claim under General Business Law §§ 349 or 350, a party must allege that its adversary has engaged in consumer-oriented conduct that is materially misleading, and that the party suffered injury as a result of the allegedly deceptive act or practice.

Case: Yellow Book Sales & Distrib. Co., Inc. v. Hillside Van Lines, Inc., NY Slip Op 06022 (2d Dept. 2012).

Here is the decision. 

Tomorrow’s issue: Labor Law.