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In the episode of the Consumer Finance Monitor podcast we are releasing today, we examine what may be the most consequential development in New York consumer protection law in nearly half a century: the enactment of the New York State Fair Business Practices Act (the FAIR Act).
Signed into law in December 2025 and taking effect on February 17, 2026, the FAIR Act represents the first comprehensive overhaul of New York General Business Law § 349 in almost 50 years. Long focused primarily on deceptive acts and practices, Section 349 has now been expanded to expressly prohibit unfair and abusive business practices as well—bringing New York law far closer to the federal UDAAP framework under the Consumer Financial Protection Act.
To explore what changed, why it matters, and how the law will be enforced in practice, Alan Kaplinsky (founder and former leader of the Consumer Financial Services Group at Ballard Spahr LLP and now Senior Counsel and host of Consumer Finance Monitor) is joined by two senior officials from the New York Attorney General's Bureau of Consumer Frauds and Protection who were directly involved in shaping and implementing the statute:
- Jane Azia, Chief of the Bureau of Consumer Frauds and Protection
- Alec Webley, Assistant Attorney General and one of the attorneys who helped shepherd the FAIR Act through the legislative process
What followed was a wide-ranging and unusually candid discussion of the statute's origins, scope, enforcement implications, and practical lessons for businesses operating in, or affecting, New York.
To listen to this episode, click here.
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