New York enshrines its FAIR act to amend its general business law

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On December 19, the governor of New York signed into law an act to amend the general business law: the “fostering affordability and integrity through reasonable (FAIR) business practices act.”

The legislation declared that the state has a responsibility to protect New Yorkers from unfair, deceptive and abusive business acts and practices. Lawmakers stated in the bill that existing law only prohibited deceptive acts and practices, which they found insufficient to safeguard consumers, businesses, nonprofits and the state economy.

The act authorized the attorney general to bring actions against any person conducting business in New York, regardless of whether the person or business is located within or outside the state. The attorney general may also act regardless of whether the unlawful practice is consumer oriented. The statute eliminates judicially imposed exceptions that previously limited enforcement to consumer-oriented acts, thereby expanding protections to businesses, nonprofits and individuals. The act will take effect 60 days after becoming law.

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