Using New York GBL §349 & §350 Against a Solar Installer

If you're a New York homeowner whose solar installer won't honor a production guarantee, the state's main consumer-protection tools are two sections of the General Business Law: §349, which targets deceptive acts and practices, and §350, which targets false advertising. Both give an injured consumer a private right of action with actual damages, the possibility of discretionary treble damages, and attorney's fees. This page explains what each section says, how it can relate to a production-guarantee shortfall, and the remedies.

§349: Deceptive Acts and Practices

General Business Law §349 declares deceptive business conduct unlawful in broad terms:

"Unfair, deceptive, or abusive acts or practices in the conduct of any business, trade or commerce or in the furnishing of any service in this state are hereby declared unlawful." — N.Y. Gen. Bus. Law § 349(a). Source: nysenate.gov (verified 2026-06-19).

The private right of action — the part a homeowner relies on — is §349(h):

"…any person who has been injured by reason of any deceptive act or deceptive practice made unlawful by this section may bring an action in such person's own name to enjoin such deceptive act or deceptive practice, an action to recover such person's actual damages or fifty dollars, whichever is greater, or both such actions. The court may, in its discretion, increase the award of damages to an amount not to exceed three times the actual damages up to one thousand dollars, if the court finds the defendant willfully or knowingly violated this section. The court may award reasonable attorney's fees to a prevailing plaintiff." — N.Y. Gen. Bus. Law § 349(h). Source: nysenate.gov (verified 2026-06-19).

Note the limits carefully: the treble-damages enhancement is discretionary ("may, in its discretion"), requires a willful or knowing violation, and is capped at $1,000 in additional damages — it is not an open-ended multiplier of a large loss. Attorney's fees are also discretionary ("may award"). New York courts also require that the deceptive conduct be consumer-oriented, materially misleading, and have caused injury — three elements your attorney will test against your facts.

§350: False Advertising

Section 350 covers false advertising specifically:

"False advertising in the conduct of any business, trade or commerce or in the furnishing of any service in this state is hereby declared unlawful." — N.Y. Gen. Bus. Law § 350. Source: nysenate.gov (verified 2026-06-19).

The remedy for a §350 (and §350-a) violation is in §350-e(3), which parallels §349 but with higher dollar figures:

"Any person who has been injured by reason of any violation of section three hundred fifty or three hundred fifty-a of this article may bring an action… to recover his or her actual damages or five hundred dollars, whichever is greater, or both such actions. The court may, in its discretion, increase the award of damages to an amount not to exceed three times the actual damages, up to ten thousand dollars, if the court finds that the defendant willfully or knowingly violated this section. The court may award reasonable attorney's fees to a prevailing plaintiff." — N.Y. Gen. Bus. Law § 350-e(3). Source: nysenate.gov (verified 2026-06-19).

So §350 can reach a larger treble cap ($10,000 vs. $1,000) and a higher statutory minimum ($500 vs. $50) — but it applies specifically to false advertising, which is a narrower theory than §349's general deceptive-practices standard. The two are frequently pleaded together; which fits your facts is a question for a licensed New York attorney.

How §349 / §350 Can Relate to a Production-Guarantee Dispute

A production guarantee is a contract term, and New York courts have generally held that a private contract dispute, on its own, is not a §349 claim — §349 targets consumer-oriented deceptive conduct that has a broader impact on the public, not a one-off breach. What can bring an installer's conduct within the statute is, for example, a materially misleading representation about what the system would produce, made as part of how the company markets to consumers generally. Whether a particular installer's conduct meets the consumer-oriented, materially-misleading, and causation elements is fact-specific and is the judgment a licensed New York attorney makes — not something OwlWatt or this page can decide for you. What OwlWatt provides is the factual foundation: a documented, weather-adjusted production shortfall measured against your contract's guarantee.

Pre-Suit Notice

GBL §349 and §350 do not impose the kind of statutory 30- or 60-day pre-suit demand letter that Massachusetts (Chapter 93A), California (CLRA), or Texas (DTPA) require before a private damages action. Even so, your contract may contain its own notice-and-cure clause, deadlines and limitations periods always apply, and a clear, documented written demand is good practice — it can resolve the dispute and strengthens your record. Confirm what notice your specific situation requires with a licensed New York attorney.

What This Means in Practice

If you're a New York homeowner facing a production-guarantee shortfall, the steps are:

1. Document the shortfall. You need a specific, weather-adjusted figure — guaranteed kWh, actual kWh, and the dollar amount — not a vague complaint about low production. That documented figure is the "actual damages" the statutes measure against.
2. Talk to a licensed New York attorney. §349 requires consumer-oriented, materially-misleading conduct that caused injury; the treble enhancement is discretionary and capped; and the §349-vs-§350 choice matters. An attorney can also tell you whether your facts support a statutory claim or a straight breach-of-contract claim.
3. Send a documented written demand. Even without a statutory notice requirement, a specific, sourced demand can resolve the dispute and builds your record if it doesn't.

If you'd rather understand the general escalation path first, see escalating a solar production claim, which also lists the New York Attorney General's Consumer Frauds and Protection Bureau — reachable at (800) 771-7755, with a complaint form at ag.ny.gov. For the broader New York solar context, see solar in New York.

Sources

All statutory quotations on this page were verified against the official New York consolidated laws (nysenate.gov) on 2026-06-19. Statutes are amended; confirm the current text before relying on it.

• N.Y. Gen. Bus. Law § 349 — Deceptive acts and practices; private right of action (nysenate.gov)
• N.Y. Gen. Bus. Law § 350 — False advertising unlawful (nysenate.gov)
• N.Y. Gen. Bus. Law § 350-e — Construction; §350 remedies (nysenate.gov)
• New York Attorney General — File a consumer complaint (ag.ny.gov)

Further Reading

• Solar Production Guarantee Demand Letter — a free, generic written-demand template (have an attorney tailor it for your situation).
• Escalating a Solar Production Claim — the full escalation ladder and a state Attorney General consumer-protection directory.
• Massachusetts Chapter 93A Against a Solar Installer — the comparable Massachusetts consumer-protection statute.
• How to File a Production Shortfall Claim — assembling the documentation that becomes your actual damages.
• Solar Production Guarantees, Explained — what the guarantee clause obligates the installer to do.
• Solar in New York — NY-SUN, net metering, and what local arrays should produce.