You can file a claim for a deceptive practice or act under section 349 of the New York General Business Law. To establish a claim for unfair and deceptive trade practices, a plaintiff must show that the (1) defendant committed an unfair or deceptive act or practice.Unfair trade practice refers to the use of various deceptive, fraudulent, or unethical methods to obtain business. Levy Goldenberg LLP, represents consumers and corporate competitors who have been harmed due to a business' deceptive trade practices. Protect your business from unfair competition claims. Understand the origin, examples, and elements of these cases. The FDUTPA prohibits companies from engaging in a broad range of unfair or deceptive acts, such as false advertising, fraud, and misrepresentation. The FDUTPA prohibits companies from engaging in a broad range of unfair or deceptive acts, such as false advertising, fraud, and misrepresentation. A person engages in a "deceptive trade practice" if, in the course of his or her business or occupation, he or she: 1. The trial court properly granted a directed verdict for plaintiff on defendant's counterclaim for unfair and deceptive trade practices.