New York Consumer Fraud and Commercial Litigation Attorney

We are a New York City and Long Island law firm, devoted to prosecuting and defending the legal rights of individuals and small businesses, as either plaintiff or defendant. We represent those who have to fight in Court over issues of money or property stemming from a breach of contract, deceptive practice or fraud, negligence and other legal issues in commercial litigation.

New York City is home to the some of the best attorneys in the world. Lawyers here simply cannot succeed without the right mix of aggression and hard work. Our firm’s philosophy has been based on this, and a no-fear mentality for almost 40 years: Whatever the size and resources of our adversaries, our strong and aggressive advocacy are our clients’ best chance of success in Court. Many of our cases involve allegations of not only negligence and breach of contract, but also fraud and deceptive practices. Our New York consumer fraud lawyers often sit across the table from our adverse parties and accuse them of lying or cheating. As such, our areas of litigation are not for the faint of heart.

Most importantly, our clients enjoy honesty and communication with their lawyer at our firm. Too often, clients complain that their lawyers do not return their phone calls or e-mails in a timely manner. Not at this firm. We know that the cases we accept involve high stakes for our clients, and sometimes, their lives’ financial worth. We take that responsibility seriously. While we in New York City are at the mercy of an overburdened and at times delayed court system, our lawyers communicate with our clients along the way, whatever the status may be.

Our main objective in litigation is to use state and federal law to level the playing field: to highlight the strengths of our cases, and minimize the weaknesses. As such, our adversary lawyers and law firms respect us for our aggressive, yet civil and courteous, conduct in the litigation process. Some of our best referrals have come from opponents and their lawyers against whom we have done battle in Court in the past.

In our state court cases, a prominent statute throughout our pleadings is the New York Deceptive Practices Act, otherwise known as the General Business Law §349 and 350, et seq. It is the state statute that is purported to protect consumers and businesses from the deceptive practices of another company or individual. The statute is supposed to provide a significant deterrent to unscrupulous entities that seek to perpetrate fraud against consumers and ensure that consumers who are victimized are able to obtain justice and be made whole.

The statute as written today however is painfully inadequate. So much so that the New York State Assembly and Senate have proposed amendments that would give this critical statute “more teeth.” See A.1161/S.1273.

Since its enactment in 1980, the minimum recoverable damages and maximum treble damages amounts under GBL 349 have not been raised. Individual consumers and consumer attorneys are not encouraged to bring an action against a violator for $50, or up to $1,000 for knowing or willful violations, due to the imbalance between the amount that may be recovered and the costs of litigation, and, as such, violators are not brought to justice and consumers are left unprotected.

We are strong advocates of the intent of this statute and its proposed amendments, and we frequently invoke this law for our clients.

The Law Offices of Kupillas & Unger devote over four decades of experience in law to fighting for rights for our individual litigants and small businesses. Over those many years, we have seen numerous successful verdicts, settlements, and decisions on motions. Our attorneys take great pleasure in putting these years of experience advocating for those who did not think they had a voice or did not think could win in litigation. We practice in the State and Federal Courts in and around New York City: New York County, Queens County, Kings (Brooklyn) County, Nassau County, Suffolk County, and counties north of New York City.

Helpful Links

Defamation and Business Divorce 2015

New York Business Litigation 2015

Major New Foreclosure Rule August 2013

Article: "To Mark National Consumer Protection Week, A.G. Schneiderman Releases NYS Top Ten Frauds Of 2011."

Mortgage Settlement
NYS Consumer Complaint Form
New York Deceptive Practices Act

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