What is the statute of limitations for consumer fraud lawsuits?

The statute of limitations for consumer fraud lawsuits in New York is generally three years from the date of the deceptive act. This means that a consumer must bring their case within three years from the date of the event in order to have a valid claim. In certain instances the statute of limitations can be extended. For example, if the false advertising has been ongoing, the consumer may bring a cause of action within three years of the date of their last transaction with the defendant. Additionally, the statute of limitations can be extended if the consumer did not know about the false advertising at the time they learned about it. In this case, the consumer must bring the cause of action within three years of the date they learned of the deception. It is important to note that the statute of limitations may also be different depending on the specific type of consumer fraud. For example, the statute of limitations for fraud in connection with a consumer loan may be five years. In addition, certain consumer fraud statutes may provide that the consumer has up to six years to file a lawsuit. Finally, it is important to note that the statute of limitations may be shorter than three years if the consumer received a written statement from the defendant, typically called the “affirmative defense”. In these cases, the consumer must file suit within one year from the date of the receipt of the “affirmative defense”. In summary, the statute of limitations for consumer fraud lawsuits in New York is generally three years from the date of the deceptive act, but can be shorter or longer depending on the specific circumstances. It is important to seek legal counsel in order to determine the applicable statute of limitations for your case.

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