Practice point: A private action under General Business Law § 349 must be predicated on a deceptive act or practice
that is consumer-oriented. Whether a representation or an omission, the test is
whether the allegedly deceptive act or practice is likely to mislead a
reasonable consumer acting reasonably under the circumstances.
Student note: In addition to
showing that the conduct was consumer-oriented, a prima facie case requires a showing that the defendant is engaging in an act or
practice that is deceptive or misleading in a material way and that
plaintiff has been injured by reason thereof.
Case: David v. #1 Mktg. Serv., Inc., NY Slip Op 00477 (2d Dept. 2014).
Here is the decision.
Tomorrow's issue: A civilian's liability for false arrest and malicious prosecution.
