Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

New York’s FAIR Business Practices Act: What the New Consumer Protection Measure Means for Your Business

Author: Dan Brecher

Date: January 26, 2026

Key Contacts

Back
Dan Brecher discussing the New York FAIR Business Practices Act and its impact on business compliance

In 2025, New York enacted one of the most consequential updates to its consumer protection framework in decades. The Fostering Affordability and Integrity through Reasonable Business Practices Act (FAIR Act) significantly expands the scope and strength of New York’s long-standing consumer protection statute, General Business Law § 349, and alters the compliance landscape for New York businesses.

While Section 349 prohibited “deceptive acts or practices,” it notably lacked explicit bans on unfair or abusive conduct. The FAIR Act closes that gap, aligning New York more closely with modern consumer protection regulations. This article addresses the changes under the FAIR Act, why they matter, and what businesses need to do going forward.

Prohibition of Unfair and Abusive Acts/Practices

New York’s consumer protection law now covers unfair, deceptive, and abusive acts and practices, not just deceptive ones. This expansion brings the law more in line with the federal Consumer Financial Protection Act (CFPA), which also prohibits unfair, deceptive, or abusive acts and practices. The terms are defined as follows:

  • Unfair: An act or practice is considered unfair when it causes or is likely to cause substantial injury to a person, the injury is not reasonably avoidable by such person, and the injury is not outweighed by countervailing benefits to consumers or competition.
  • Deceptive: An act or practice is deceptive when the act or practice misleads or is likely to mislead a person and the person’s interpretation of the act or practice is reasonable under the circumstances.
  • Abusive: An act or practice is abusive when it materially interferes with the ability of a person to understand a term or condition of a product or service, or it takes unreasonable advantage of (A) a person’s lack of understanding of the material risks, costs, or conditions of the product or service; (B) a person’s inability to protect such person’s interests in selecting or using a product or service; or (C) a person’s reasonable reliance on a person covered by this section to act in such person’s interests.

Broader Scope of Protections

While Section 349 traditionally focused on consumer-oriented conduct, the amended statute clarifies that the Attorney General may bring actions to protect not only individual consumers, but also small businesses and nonprofit organizations harmed by unfair or abusive practices. Pursuant to the FAIR Act, “[a]n act or practice made unlawful by this section is actionable by the attorney general regardless of whether or not that act, or practice is consumer-oriented.”

Expanded Enforcement Authority

The FAIR Act significantly strengthens the legal remedies available to both the Attorney General’s office and private individuals and small businesses. To start, the new law significantly increases the statutory damages for violations of Section §349 from $50 to $1,000. In addition to statutory damages, the law allows for the recovery of actual and punitive damages, as well as the recovery of attorney’s fees and costs by prevailing plaintiffs in private actions.

The FAIR Act also includes significant civil penalties for violations. Businesses found to have engaged in unfair, deceptive, or abusive practices can incur penalties of up to $5,000 per violation. For violations that are deemed knowing or willful, the penalties are enhanced, set at the greater of $15,000 or three times the amount of restitution for each violation.

States like New York are picking up some of the important enforcement work that the currently encaptured Consumer Finance Enforcement Bureau is walking away from.  The fear is that without greater state involvement, the ongoing curtailment of the CFPB’s watchdog role will have a negative impact on minority communities that are presently at greater risk of financial predation. 

Compliance Implications for Businesses

For businesses operating in New York, the FAIR Act raises the stakes for compliance. Traditional disclosure-based compliance strategies may no longer be sufficient. A practice that is fully disclosed can still be challenged if it is deemed unfair or abusive in substance. Accordingly, companies should reassess:

  • Pricing structures and fee disclosures;
  • Contract terms with consumers and small businesses;
  • Marketing and sales practices;
  • Subscription and cancellation processes; and
  • Internal policies governing customer interactions.

Risk assessments should focus not only on whether practices are misleading, but also on whether they could be viewed as exploitative, coercive, or unduly harmful.

Key Takeaway

The FAIR Act represents a fundamental shift in New York consumer protection law. By expanding Section 349 to cover unfair and abusive practices, broadening who is protected, and enhancing enforcement tools, the Legislature has transformed a narrow statute into a powerful regulatory tool.

For New York businesses, the FAIR Act’s broad language may lead to an uptick in enforcement, private litigation, and legal uncertainty. Terms such as “unfair” and “abusive” are inherently flexible, and their precise contours will be defined through enforcement actions and court decisions. For compliance guidance, we encourage you to contact a member of Scarinci Hollenbeck’s Corporate Transactions & Business Group.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Monmouth County's Next Development Wave: What Developers and Investors Need to Know post image

Monmouth County's Next Development Wave: What Developers and Investors Need to Know

Monmouth County is entering a significant new phase of development. For those looking to acquire property or undertake a new project, understanding the market opportunity is only the beginning. The more important question is whether a particular property can actually be developed as contemplated and what approvals, agreements, and other conditions will be required to […]

Author: Donald M. Pepe

Link to post with title - "Monmouth County's Next Development Wave: What Developers and Investors Need to Know"
Are Your Conversations with AI Shielded from Discovery? Courts Are Split post image

Are Your Conversations with AI Shielded from Discovery? Courts Are Split

Whether a client’s prompts to a generative AI tool and the documents it produces are protected from disclosure depends on the case type, who claims protection, and whether counsel was involved. In United States v. Heppner, a New York federal judge ruled that a criminal defendant’s communications with an AI platform were protected by neither […]

Author: Chris Seelinger

Link to post with title - "Are Your Conversations with AI Shielded from Discovery? Courts Are Split"
Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs post image

Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs

When a family member can no longer make important decisions for themself, the question is often not whether the family will step in, but whether they have the legal authority to do so. A spouse may manage household finances, or an adult child may arrange medical care and pay bills. Still, informal assistance does not […]

Author: Marc J. Comer

Link to post with title - "Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs"
New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments post image

New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments

New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]

Author: Wendy Rubinstein Quiroga

Link to post with title - "New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments"
“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy post image

“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy

A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]

Author: Sean M. Pena

Link to post with title - "“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy"
Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders post image

Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders

Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]

Author: Nicholas Wall

Link to post with title - "Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!