What must an average consumer prove in order to win a deceptive business practice lawsuit?
New York not only has laws that make deceptive business practices illegal, but laws also try to help consumers fight big powerful businesses who generally have more resources to fight lawsuits than the average consumer.
While each case is unique, so long as a consumer can prove the following three points, they will have a strong chance at receiving compensation from a deceptive business lawsuit in New York.
The three elements that a victim of a deceptive business lawsuit must prove are:
- That the business practice affected consumers. The business practice must affect the public consumer. The plaintiff must be a consumer.
- That a business mislead the consumer in a material way. This deception does not need to be intentional.
- That this misleading business practice caused the plaintiff's injury.
Additionally, the claim must be filed within 3 years of the injury from the deceptive business practice and it must have occurred in the state of New York.
If these three elements are proven in a court of law, how much compensation can the plaintiff be awarded?
The plaintiff can be awarded up to three times their damages. The injured party can also receive an award for attorney's fees.
The defendant can face criminal and civil liability for any deceptive business practice claims against them.
If you've been injured by a deceptive business practice or you've been sued for claims of deceptive business practices and would like more detailed information, leave us a message or consult with an experienced business litigation attorney.