New York Scam and Fraud Laws: Where to Report, Your Right to Sue (2026)

New York's main consumer protection law, General Business Law section 349, lets a person who was injured by a deceptive act or practice in business sue for their actual damages or $50, whichever is greater. If the court finds the business acted willfully or knowingly, it may raise the award, but only to three times actual damages and no more than $1,000, and it may award attorney's fees to a plaintiff who wins. For false advertising, a separate section allows more: actual damages or $500, with an increase of up to $10,000.

What sets New York apart is the complaint route. The Attorney General's Consumer Frauds and Protection Bureau says it "mediates thousands of complaints each year from individual consumers," so a complaint can do more than feed an investigation. New York also has a detailed law for immigration assistance providers (the notario problem), with a three-business-day cancellation right and a lawsuit for at least $2,500.

Information last verified on October 2, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This guide covers New York state law: General Business Law sections 349 and 350, the Attorney General's complaint process, protections for older adults, the immigration assistance service law, pending crypto kiosk legislation, and New York court limits and deadlines. Federal refund and reporting rights are summarized briefly and covered in depth on our national guides. Out of scope: criminal defense, and the law of other states (if the scammer or business is elsewhere, that state's law may also matter).

First steps if you were scammed in New York

Call the bank, card issuer, payment app, wire company or crypto exchange that moved your money right away; that company is usually the only one that can stop or reverse a payment. Your federal refund rights depend on how you paid and whether the payment counts as unauthorized, and our guide on how to get money back after a scam goes through each payment method. For app transfers, see the Zelle and payment app guide.

Then report it. Most scams go to the FTC at ReportFraud.ftc.gov (ReporteFraude.ftc.gov in Spanish), and online crime to the FBI's IC3 at ic3.gov; our where to report a scam guide lists every federal channel. The New York offices below are in addition to those, not instead of them. If your Social Security number or accounts were exposed, see New York identity theft laws.

Where to report a scam in New York

In the Attorney General's own words: "The Consumer Frauds and Protection Bureau prosecutes businesses and individuals engaged in fraudulent, misleading, deceptive, or illegal trade practices. In addition to litigating, the bureau mediates thousands of complaints each year from individual consumers." Mediation is not the same as the office suing for you, and it works best against a real business with a name and an address, not an anonymous scammer.

For fraud against anyone 60 or older, the U.S. Department of Justice's National Elder Fraud Hotline, 833-372-8311, connects callers with a case manager who helps with reporting at the federal, state and local levels. Our where to report a scam guide covers it and the other federal routes.

New York's consumer protection law: can you sue?

Yes, if a business or person engaged in a deceptive act or practice that injured you, and you can identify and reach them. Two parts of the General Business Law give a private right to sue, and they pay differently.

Section 349(h): the private lawsuit

Section 349(a) declares unlawful "Unfair, deceptive, or abusive acts or practices in the conduct of any business, trade or commerce or in the furnishing of any service in this state." Section 349(h) gives a private right to sue, in these words:

"any person who has been injured by reason of any deceptive act or deceptive practice made unlawful by this section may bring an action in such person's own name to enjoin such deceptive act or deceptive practice, an action to recover such person's actual damages or fifty dollars, whichever is greater, or both such actions. The court may, in its discretion, increase the award of damages to an amount not to exceed three times the actual damages up to one thousand dollars, if the court finds the defendant willfully or knowingly violated this section. The court may award reasonable attorney's fees to a prevailing plaintiff."

Three things in that text matter after a scam:

• Deceptive acts only. The private lawsuit names "deceptive" acts and practices. It does not name the "unfair" or "abusive" practices that section 349(a) now also outlaws, so those newer categories are for the Attorney General to enforce.
• The increase is small. A court may raise the award for willful or knowing conduct, but only up to three times actual damages and no higher than $1,000. For a large loss, the increase adds little; your actual damages are what matter.
• Fees are discretionary. The court "may" award reasonable attorney's fees to a plaintiff who wins. It does not have to.

The statute says "any person who has been injured," but the conduct still has to be a deceptive act or practice "in the conduct of any business, trade or commerce or in the furnishing of any service in this state," and the injury has to come from it. Whether a particular scam fits, and what courts require beyond the text, depends on the facts; a New York lawyer can tell you. Section 349(h) itself contains no requirement to send the business a notice before you sue (the 10-day notice in section 349(c) applies to the Attorney General's own cases).

The FAIR Business Practices Act

The words "unfair" and "abusive" in section 349 are new. In December 2025 the Attorney General announced that Governor Kathy Hochul had signed the Fostering Affordability and Integrity through Reasonable Business Practices (FAIR Business Practices) Act, which "updates New York's primary consumer protection law, GBL §349, for the first time in 45 years." The current text of section 349 on the New York Senate's official site includes the new wording and defines both terms. An act is unfair "when it causes or is likely to cause substantial injury which is not reasonably avoidable and is not outweighed by countervailing benefits to consumers or to competition." An act is abusive if it "materially interferes with the ability of a person to understand a term or condition," or takes unreasonable advantage of, among other things, a person's lack of understanding or "the inability of a person to protect such person's interests in selecting or using a product or service."

For a scam victim, the practical effect is on enforcement. Under section 349(b), the Attorney General may sue to stop unlawful practices "and to obtain restitution of any moneys or property obtained directly or indirectly" through them. Your own lawsuit under section 349(h) is still tied to deceptive acts.

Section 350-e: false advertising

If the scam reached you through a false advertisement, section 350 provides that "False advertising in the conduct of any business, trade or commerce or in the furnishing of any service in this state is hereby declared unlawful." Section 350-e lets a person injured by that violation sue "to recover his or her actual damages or five hundred dollars, whichever is greater." The court may increase the award "to an amount not to exceed three times the actual damages, up to ten thousand dollars," if the defendant acted willfully or knowingly, and "may award reasonable attorney's fees to a prevailing plaintiff."

Penalties that go to the state, not to you

Section 350-d allows "a civil penalty of not more than five thousand dollars for each violation, which shall accrue to the state of New York." That money is paid to the state. The extra penalty for conduct aimed at older adults (section 349-c, below) is also a civil penalty, not a damages award you sue for.

The honest limit

A lawsuit needs a defendant you can identify, serve and collect from. That often works against a New York business, contractor or seller with a real address. It usually does not work against an anonymous scammer behind a spoofed number, a fake website or an overseas crypto wallet. A judgment does not help if nobody can be found to pay it.

Protections for older adults in New York

An extra civil penalty. General Business Law section 349-c defines an "elderly person" as "a person who is sixty-five years of age or older." A violator "may be liable for an additional civil penalty not to exceed ten thousand dollars" when the section's listed factors are present, such as knowing the conduct was directed at an elderly person (or acting in willful disregard of that), conduct that caused a severe loss of an elderly person's home, income or retirement property, or an older victim who was substantially more vulnerable to the conduct because of age, poor health, infirmity, impaired understanding, restricted mobility or disability and actually suffered damage. This penalty is in addition to the penalties under sections 349, 350-c and 350-d and Executive Law section 63(12). It is an enforcement tool; your own recovery comes through the payment company, a refund or a lawsuit.

Crimes. Under Penal Law section 155.05, larceny includes "obtaining property by false pretenses" and taking property "By false promise." The theft becomes grand larceny in the fourth degree when the value exceeds $1,000, third degree when it exceeds $3,000, second degree when it exceeds $50,000, and first degree, a class B felony, when it exceeds $1,000,000 (sections 155.30, 155.35, 155.40 and 155.42).

New York also has a scheme to defraud crime for a "systematic ongoing course of conduct with intent to defraud more than one person" (Penal Law section 190.60, a class A misdemeanor). Scheme to defraud in the first degree (section 190.65) covers, among other things, a scheme against more than one person when more than one of them is a "vulnerable elderly person" as defined in section 260.31, a scheme to defraud ten or more people, and a scheme that obtains property worth more than $1,000. Report a suspected crime to local police.

Adult Protective Services. Social Services Law section 473 requires social services officials to provide protective services "to or for individuals without regard to income who, because of mental or physical impairments, are unable to ... protect themselves from ... financial exploitation or other hazardous situations." APS serves adults with impairments who have no one available who is willing and able to help them responsibly; it is not a general service for every scam victim.

If you are worried about a parent, tell the bank or brokerage directly that you suspect a scam, and call the DOJ Elder Fraud Hotline at 833-372-8311 for help reporting. Our elder fraud guide covers the federal side.

New York scam laws on the books

Immigration assistance services (notario fraud)

General Business Law article 28-C (sections 460-a through 460-g) regulates people who, "for a fee or other compensation," help with filings that affect immigration status. Licensed New York lawyers and their supervised staff, qualifying nonprofits, organizations accredited by the Board of Immigration Appeals that charge nominal fees, authorized agencies, and individuals with federal authority to appear are not "providers" under the law. For everyone else:

• A written contract and three business days to cancel. Section 460-b requires a written contract "in a language understood by the customer," and says "The customer has the right to cancel the contract within three business days after his or her execution of the contract, without fee or penalty." That right can be waived only by a separate signed statement when services must be provided immediately to avoid losing eligibility or other rights. After a cancellation, other amounts paid "must be returned to the customer within fifteen days."
• Banned conduct. Under section 460-d a provider may not "Give legal advice, or otherwise engage in the practice of law," may not use titles such as "notario public," "notario," "immigration specialist" or "immigration consultant" (a licensed notary public may use "notary public"), may not state or imply special influence with federal immigration agencies, may not threaten to report a customer, and may not demand fees for services not performed.
• A bond for refunds. Section 460-f requires a $50,000 surety bond "for the benefit of any customer who does not receive a refund of fees from the provider to which he or she is entitled, or is otherwise injured by the provider," and "The attorney general on behalf of the customer or the customer in his or her own name, may maintain an action against the provider and the surety."
• A lawsuit with a $2,500 floor. Under section 460-g, "An individual who is harmed by a provider" may sue "to recover his or her actual damages or twenty-five hundred dollars, whichever is greater," and the court may award costs and reasonable attorney's fees to a plaintiff who wins.

Our notario fraud guide explains how these scams work and where to get legitimate help.

Crypto ATMs (kiosks): a bill, not a law

Senate Bill S9891B, which would add a new article on crypto kiosks to the Banking Law, passed the Senate on June 3, 2026 by a vote of 59 to 2 and was referred to an Assembly committee on June 4, 2026. Its Assembly counterpart, A10899C, is also in committee. As of October 2, 2026, neither has passed the Assembly, so the bill is not law.

As written, the bill would make an operator hold funds for 72 hours on a customer's first transaction or transactions with that operator, and on amounts over $1,500 in any 72-hour period, limit transactions to $1,000 a day and $10,000 in 30 days, and, where the operator failed to follow the bill's hold and anti-fraud rules, require a refund of a fraud-affected transaction when the customer gives notice within 90 days and files a police or agency report or a sworn statement within 120 days. It would take effect 180 days after becoming law, and none of these rules protects a New York kiosk user unless and until that happens. For how crypto scams work and where to report them, see our crypto and investment scams guide.

Suing a scammer or a business in New York

Small claims. The limit depends on which court hears the case:

Each limit is set by section 1801 of that court's act and applies to claims "for money only," exclusive of interest and costs. The town and village court provision also has a condition about where the defendant lives or has an office.

Deadlines. Under CPLR 213(8), a fraud case must be brought within "the greater of six years from the date the cause of action accrued or two years from the time the plaintiff ... discovered the fraud, or could with reasonable diligence have discovered it." A claim under section 349(h) may follow a different rule, so do not wait; ask a lawyer about your deadline. Our New York statute of limitations guide covers other civil deadlines. If a collector is now chasing a debt the scammer ran up in your name, see New York debt collection laws.

Who you can actually reach. Lawsuits work against people and businesses with a name, an address and assets. A scammer who hid behind a fake identity, a spoofed caller ID or an overseas account is usually not reachable through a New York court. In those cases, the payment company, a fast report to law enforcement, and protecting your identity are where your effort pays off. Our guide on when a lawyer helps after a scam explains when legal help is worth it.

Related guides

• Scams and fraud: your rights and where to start
• How to get money back after a scam
• Where to report a scam
• Zelle and payment app scams
• Phishing, smishing and vishing
• Elder fraud
• Crypto and investment scams
• Notario fraud
• New York identity theft laws
• New York debt collection laws
• New York statute of limitations

Last updated: October 2, 2026.

This article is general legal information, not legal advice. For your specific situation, contact your payment company, the New York Attorney General's office, or a lawyer licensed in New York.

Frequently Asked Questions

Can I sue a scammer in New York?

Possibly, if you can identify and serve them. General Business Law section 349(h) lets a person injured by a deceptive act or practice in New York business sue for actual damages or $50, whichever is greater, but an anonymous or overseas scammer is usually not reachable through a New York court.

How much can I recover under GBL 349?

Your actual damages or $50, whichever is greater. If the court finds the violation was willful or knowing, it may raise the award to no more than three times actual damages, up to $1,000, and it may award attorney's fees to a winning plaintiff (section 349(h)).

Does the FAIR Business Practices Act let me sue over unfair or abusive practices?

Not under the private lawsuit as written. Section 349 now bans unfair, deceptive or abusive practices, but section 349(h) gives individuals a right to sue only over deceptive acts and practices; the Attorney General enforces the rest.

What is the difference between GBL 349 and GBL 350?

Section 349 covers deceptive acts and practices and pays actual damages or $50, with a possible increase up to $1,000. Section 350 covers false advertising, and section 350-e pays actual damages or $500, with a possible increase up to $10,000 for willful or knowing violations.

How do I file a consumer complaint with the New York Attorney General?

File online at ag.ny.gov/file-complaint/consumer or call 1-800-771-7755 (1-800-788-9898 for deaf or hard of hearing callers). The Consumer Frauds and Protection Bureau says it mediates thousands of complaints from individual consumers each year.

Will the New York Attorney General get my money back?

Do not count on it. The bureau mediates individual complaints, which works best against a real business, but mediation is not a lawsuit on your behalf and an anonymous scammer cannot be reached that way. Contact your payment company first.

Is there a crypto ATM law in New York?

Not yet. Senate Bill S9891B, which would add a 72-hour hold, a $1,000 daily limit and fraud refunds, passed the Senate on June 3, 2026, but as of October 2, 2026 it is in an Assembly committee and is not law.

What protects someone in New York from a fake immigration consultant?

General Business Law sections 460-a to 460-g. Non-lawyer providers may not give legal advice or use titles like notario, customers may cancel within three business days, and a harmed customer can sue for actual damages or $2,500, whichever is greater.

Is there a special penalty for scamming seniors in New York?

General Business Law section 349-c allows an additional civil penalty of up to $10,000 when listed factors are present, such as conduct knowingly directed at a person 65 or older. It is a civil penalty, not damages a victim sues for.

What is the small claims limit in New York?

$10,000 in New York City Civil Court, $5,000 in city courts outside New York City and in district courts, and $3,000 in town and village justice courts, each under section 1801 of that court's act.

How long do I have to sue for fraud in New York?

Under CPLR 213(8), the greater of six years from when the claim accrued or two years from when you discovered the fraud or could have with reasonable diligence. Claims under GBL 349 may have a different deadline, so ask a lawyer promptly.