They advertised one thing and did another. New York's consumer statute charges for that.

GBL 349 bans deceptive acts in consumer transactions and gives you a private action: actual damages or a $50 floor, treble damages up to $1,000 for willful violations, and attorney's fees a court may shift to them. Where the deception was advertised, GBL 350-e adds a $500 minimum with treble to $10,000.

Flat fee $499, signed by a licensed New York attorney, draft within 48 hours, mailed on your approval.

Reviewed by Daniel Hochman, Esq. · Last updated November 1, 2026

The intake captures the specific representation, your reliance, and your documented loss (screenshots and receipts required). Buyer's remorse, business-to-business deals, and losses under $100 are screened out honestly as the terms describe. Background reading from the firm: a vendor who kept your deposit.

Broad by design

Any materially misleading consumer-oriented conduct qualifies: bait pricing, hidden fees, false features, phantom warranties. Puffery isn't deception; concrete false claims are.

GBL § 349

The damages ladder

Actual damages or $50, discretionary treble to a $1,000 cap for knowing violations, plus reasonable attorney's fees. Fee-shifting is the arithmetic that makes companies answer letters: defending costs more than your claim.

GBL § 349(h)

The false advertising companion

Where the deception ran through advertising, the letter pleads GBL 350 too, and 350-e carries a $500 minimum with treble damages up to $10,000, which is where large statutory exposure legitimately lives.

GBL §§ 350, 350-e

The warranty they will not honor

A product sold with a written warranty also carries New York's implied warranty that it works for its ordinary purpose, and federal law bars the maker from disclaiming that implied warranty once it gave a written one. For an expensive product the letter pleads both, demands repair, replacement or the price back by a set date, and names the attorney's fees the Magnuson-Moss Act lets a court shift to the manufacturer.

N.Y. U.C.C. § 2-314; 15 U.S.C. §§ 2308(a), 2310(d)

Before you spend a dollar: there is a free route

The NY Attorney General's consumer complaint form is free, and for many deceptive-practice disputes: especially small ones: it, a credit card chargeback, or a BBB complaint resolves the matter without spending a dollar. This letter is for documented losses where you want direct attorney pressure and the fee-shifting exposure stated to the business in writing.

Which deceptive practice is yours?

Bait pricing and hidden fees

The advertised price was not the price: a fee appeared at checkout, a quote grew once the work had started, a free trial billed. The letter quotes the advertisement, states what you paid, and pleads GBL 349 and, where the claim ran through an ad, GBL 350.

False features or terms

The thing does not do what the listing or the salesperson said: a capacity, a service level, a return window, a membership term. The intake asks for the exact representation and your proof of it, because a concrete false statement is actionable and sales talk is not.

A warranty they will not honor

The product failed inside its written warranty and the maker blames you with no inspection and no instruction it can name. For items worth about $1,000 or more the letter adds breach of express and implied warranty and the Magnuson-Moss Act, with its attorney's fees, to the GBL 349 claim, and demands repair, replacement or the price back by a set date.

Questions before you start

What if the company says their ad was just marketing talk?

That's the puffery line, and it's real: 'best pizza in Brooklyn' isn't actionable, but a concrete false claim about price, features, or terms is, and attorney review draws that line before anything drafts.

My loss is small. Is this worth it?

The statute's fee-shifting exists precisely for small claims, and the letter says so to the business: their cheapest exit is making you whole.

The product broke and the manufacturer says I misused it. Is this the right letter?

Often, yes, when the product cost about $1,000 or more and came with a written warranty. A grill, an appliance, a mattress, a bike, a piece of furniture: the maker's warranty carries New York's implied warranty that the thing works for its ordinary purpose, and misuse is a defense the company would have to prove with evidence, such as an inspection or an instruction you ignored, and a phone call saying so is not proof. The letter demands repair, replacement or the price back by a set date, or the misuse finding in writing with its evidence, and spells out what a suit would cost the company: the price, up to $1,000 more under GBL 349 if the refusal was knowing, 9% interest and attorney's fees under the Magnuson-Moss Act. In one October 2026 matter a grill maker that had offered only a discounted replacement agreed to the full price with tax, plus removal, two days after the letter went out. Prior results do not guarantee a similar outcome.

Why only expensive products?

The fee is $499. On a $300 item the maker's customer line, a card chargeback or the Attorney General's free form is the sensible route, and we say so. At about $1,000 and up the letter pays for itself when it works, and the fee-shifting it cites is what gives a company a reason to resolve it before a suit.

What will the intake ask for a product failure?

The product and model, where you bought it and the price, the purchase date, what failed and when, the warranty term the maker states, what the company has said or offered so far, and whether you have photos. Keep the product exactly as it is: a letter that offers the item for inspection carries more weight than one about a product already thrown out.

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Prior results do not guarantee a similar outcome.