must, as a threshold matter, “charge conduct that is consumer oriented.” New York Univ. v. Cont’l Ins. Co., 87 N.Y.2d 308, 320, 662 N.E.2d 763, 639 N.Y.S.2d 283 (1995). Moreover, Plaintiffs must allege facts sufficient to show that the challenged conduct has a “broader impact on consumers at large,” i.e., it “potentially affects similarly situated consumers” in New York. S.Q.K.F.C., Inc. v. Bell Atl. Tricon Leasing Corp., 84 F.3d 629, 636 (2d Cir.1996) (citation omitted). Accord Black Radio Network v. NYNEX Corp., 44 F.Supp.2d 565, 583 (S.D.N.Y.1999). Contrary to Plaintiffs’ assertions, Section 349 does not apply to securities-related claims, such the ones involving mutual funds alleged in the instant case. See, e.g., In re Eaton Vance Mutual Funds Litigation, 380 F.Supp.2d at 240 (<HOLDING>). Courts have routinely found Section 349
holding that claims brought under section 10b of the securities exchange act and rico claims were arbitrable holding that tort actions brought against a state actor must be brought in the illinois court of claims and the district courts dismissal of such claims was proper holding that morrison precludes securities claims brought by us investors who purchase securities on a foreign exchange even where those securities are also listed on a us exchange holding section 349 does not apply to securities transactions even when those actions are brought as claims by holders of shares citations omitted holding that qualified immunity under  1983 does not apply to actions brought under  521