North Carolina Consumer Law

In North Carolina, the mini-FTC act is N.C. Gen. Stat. §§75-1.1 through 75-35.  Under this legislation, plaintiffs have a cause of action when businesses (which do not include learned professions) take part in unfair and deceptive trade practices (A trade practice is an “unfair trade practice” when it offends established public policy as well as when the practice is immoral, unethical, oppressive, unscrupulous, or substantially injurious to consumers).  To sustain an action, the plaintiff must show actual harm due to the defendant’s conduct.  There is a statute of limitations for actions under this statute of four years.

A successful plaintiff is entitled to three times the amount of actual damages as potential remedies for a violation. Damages under the statute are not capped, and attorneys’ fees are recoverable if the violating party willfully engaged in the act and there was an unwarranted refusal by such party to fully resolve the matter.  Class actions are allowed.