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Letitia James Targets Unfair Business Practices, New York NY, 2023

New York Attorney General Letitia James announced the Fostering Affordability and Integrity through Reasonable (FAIR) Business Practices Act, a sweeping legislative effort to bolster New York’s consumer protection laws. The FAIR Act aims to confront the rising tide of unfair, deceptive, and abusive practices that prey on consumers and small businesses alike.

Under the new legislation, which is being championed by Senator Leroy Comrie and Assemblymember Micah Lasher, New York’s existing consumer protection law, GBL §349, would be updated to guard against scams like deed theft, online phishing, hard-to-cancel subscriptions, junk fees, data breaches, and other deceptive tactics. Currently, 42 other states and the federal government have enacted similar measures, making New York’s current laws outdated.

The FAIR Act also targets lenders who mislead consumers into taking out higher-cost loans, such as auto lenders, mortgage servicers, and student loan servicers. It seeks to eliminate unnecessary fees, curtail unfair billing practices by health care companies, and protect individuals with limited English proficiency from exploitation.

‘In New York, companies can make canceling a subscription so hard it seems impossible,’ said Attorney General James. ‘This legislation will end this abuse. As Washington retreats from protecting consumers, New York steps up to lead.’ The act empowers the Office of the Attorney General (OAG) and victims to seek civil penalties and restitution against businesses that use unfair practices.

Support for the FAIR Act is widespread, with U.S. Senator Elizabeth Warren emphasizing the need to counter federal rollbacks on consumer protection. ‘New York is leading the way, and I urge other states to protect Americans from getting tricked,’ she said. Former FTC Chair Lina Khan echoed this sentiment, noting that strong consumer protection tools are essential for safeguarding consumers.

‘Businesses should compete by providing great products and superior service, not by devising schemes to rip people off,’ added former CFPB Director and FTC Commissioner Rohit Chopra. ‘With stronger laws on the books, Attorney General James and state law enforcement can stop abuses that harm families and honest businesses.’

RELATED: James Lawsuit Targets HHS on Gender-Affirming Care Restrictions

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