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Category: 75-1.1 Exemptions

August 28, 2018
Posted in  75-1.1 Exemptions

A family practice. A cunning nurse. Does section 75-1.1 apply to her conduct?

North Carolina law prohibits unfair or deceptive acts “in or affecting commerce.” But “commerce” doesn’t include “professional services rendered by a member of a learned profession.” This quoted language comes straight from N.C. Gen. Stat. § 75-1.1. One clear takeaway from this language is that a professional’s treatment of a patient […]

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July 31, 2018 Jeremy Falcone
Posted in  75-1.1 Exemptions

The “Regrettable Trend” of Including Section 75-1.1 Claims in Cases Involving Internal Business Disputes

While N.C. Gen. Stat. § 75-1.1 reaches any action “in or affecting commerce,” there are several limitations to its reach. One such limitation is the internal business dispute exemption, which prevents claims that arise solely within a single market participant. This exemption has been a frequent focus of our previous posts. […]

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April 24, 2018
Posted in  75-1.1 Exemptions

When External Means Internal

Disputes among business owners can be ugly. That ugliness lends itself to accusations of unfairness and deception. Maybe for this reason, business owners engaged in fisticuffs turn to N.C. Gen. Stat. § 75-1.1 for relief. It’s hard to blame them. The statute declares unlawful “unfair or deceptive acts or practices in […]

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