Consumer Law in New York
Do you need a consumer law attorney in New York to fight for your rights and bring fraudsters to justice? We can match you with the right lawyer to help you reclaim your rights.
Common Types of Consumer Fraud in New York
Consumer fraud primarily refers to deceptive practices that can cause customers in New York to suffer financial, physical, or emotional injury. Fraudulent practices can also occur at the individual level, such as when someone falls victim to lottery scams. Consumer law refers to the regulations that define unlawful actions and how consumers can seek justice.
Sometimes, becoming a victim of consumer fraud in New York can also lead to criminal charges against you. For instance, it can be strenuous to clear your name after you donate to a charitable organization involved with money laundering.
New York State’s Attorney General (AG) reports common online scams in the state. Some of these include the Nigerian Advance Fee scam, phishing information scams, spyware Information scams, and unwanted text message scams. AG reports that although the Nigerian Advance Fee scam has been around for decades, the number of victims is actually increasing. Furthermore, New York City is well known for its numerous scams, such as scammers selling fake theater tickets and fake Staten Island Ferry tickets.
Many people are embarrassed about falling for a scam, and they suffer in silence. But, speaking up can help to bring the persons responsible to justice. Even when it does not, it helps spread awareness and stop other consumers from falling victim to the same fate.
What Types of Fraud are in Consumer Law?
If you suffered damages because of consumer fraud in New York, you might be able to file a lawsuit against the responsible parties. Taking a closer look at the most common types of consumer fraud found under consumer law can help you determine if you have a legitimate claim.
Identity Theft
This type of consumer fraud happens when a nefarious New York company or individual steals your personal information. They might steal your bank account information, Social Security number, full name, or credit card numbers. One of the most common identity theft methods is data mining.
Once an individual has your personal information, they can open credit cards or make fraudulent charges on existing ones. Some thieves will even open utility accounts in your name as a way to prove residency. After they can accomplish this task, they have even more options to apply for loans or credit cards. Sometimes identity thieves gain access to your bank account and drain all the funds that you have available. There are also reports of scams that access health insurance and place medical charges on the victim’s insurance. Proving that you are a victim of identity theft can be very complicated. Consequently, hiring a dedicated and experienced New York consumer law fraud lawyer is essential to proving your innocence.
Fake Organizations
Fake charities are difficult to spot because they use similar techniques that legitimate ones rely on to raise funds. That’s why it’s important for you to understand where your money is going before you decide to donate to an organization. The same is true when investing or purchasing goods and services.
You can identify if any New York organization is legitimate if they have registration in the state. Or, the IRS should verify their non-profit status. But, scammers can legitimately register an organization for illegal purposes. Take the time to research how your money gets used before investing in a business or donating to charity.
The New York State Charities Bureau has the authority to investigate complaints that involve:
- Wrongdoing by charitable organizations
- Fraudulent or misleading solicitation and improper expenditure of money for charitable purposes
- Improper activities of executors, administrators, and trustees responsible for honoring charity bequests
For example, Philanthropy New Digest reported that New York won a $25 million settlement against the Disabled Veterans National Foundation in 2014. To file a complaint against a charitable organization, you can email the Complaint Form to the Bureau.
When it comes to products and services, looking up customer reviews can help. The more reviews a product or service has, the more likely it is a legitimate organization. However, people can buy these illegally. In fact, anyone can build a website or register an empty LLC in New York.
Defective Products and Services
Legitimate New York companies often create defective products and services. Some common issues are:
- Products that do not work as intended
- Products that have harmful design flaws
- Medications that do not mention all side effects
- Services that do not deliver on promises
Even when this is not intentional, consumers might become entitled to compensation for the damages caused. This circumstance is why we often hear of car manufacturers issuing recalls and repairs when they realize something has gone wrong.
According to the New York State Bar Association, a New York plaintiff’s product liability action can be brought under negligence, strict products liability, and/or breach of warranty.
Generally, negligence requires the plaintiff to prove that the manufacturer failed to exercise reasonable care in making the product for its intended uses. Strict products liability, adopted in 1973, means the plaintiff need not show the manufacturer knew the product was defective.
Finally, breach of warranty actions can be based on express or implied warranties, or the fitness of a product for a particular purpose.
New York Consumer Protection Laws and How Consumer Law Works
The Federal Trade Commission Act of 1914 is arguably the most important consumer protection law in the United States. It establishes the Federal Trade Commission to protect consumers from deceptive business practices. It does this not just for individual cases, but also to target monopolies.
The FTC’s work includes conducting investigations, collecting complaints, and filing lawsuits. In addition, other federal laws protect public consumers against deceptive transactions. These include the agriculture, real estate, food, and beverage industries. New York consumer laws also put measures in place to police false advertising and illegal debt collection practices.
Work With an Experienced New York Consumer Law Attorney
Working with a consumer fraud attorney in New York can help you understand your rights. The appropriate professional from our network of legal experts will help you understand the FTC guidelines. They will help you discover what types of complaints you can make against the organization that has committed fraud against you.
A qualified New York consumer fraud attorney will also guide you through working with law enforcement. The goal is to bring the fraudulent business practices against other customers and yourself to light. Get help and file a claim against the entity that committed consumer fraud against you. We can even help you connect with an attorney across New York state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!
Do you have a different legal concern that requires a lawyer? We have a network of attorneys for any area of law you need in New York.