What is the burden of proof for consumer fraud claims?

In New York, the burden of proof for consumer fraud claims is on the plaintiff. This means that in order for a consumer fraud case to be successful, the plaintiff must prove that the defendant was at fault for the damages they experienced. In order to do so, the plaintiff must provide clear and convincing evidence that the defendant engaged in false, deceptive, or misleading practices and that those practices caused the plaintiff to suffer harm. The “clear and convincing” standard of proof is higher than for most civil cases. This means that the plaintiff must go beyond showing that the defendant simply made a mistake or was negligent and show that the defendant had a specific intent to deceive and that the plaintiff was harmed as a result of that intentional deception. The plaintiff must also demonstrate that the defendant’s conduct was a “substantial factor” in causing the harm or loss. The plaintiff can prove their case in a number of ways, such as through the use of a contract, testimony from witnesses, or even circumstantial evidence. Depending on the facts of the case, the plaintiff may also need to use the services of an expert witness or investigate the defendant’s behavior in order to demonstrate that the defendant’s actions were wrongful and caused the plaintiff harm. Ultimately, the plaintiff must provide evidence sufficient to convince the court that the defendant is liable for consumer fraud.

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What is the burden of proof for consumer fraud claims?

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