One week from today, the North Carolina Servicemembers Civil Relief Act will go into effect. When it does, North Carolina will add a new per se theory of section 75-1.1 liability. The new law, which will be codified in Chapter 127B of the General Statutes (“Military Affairs”), serves two purposes. […]
Category: Per Se Violations
This post revisits litigation over the federal Home Affordable Mortgage Program, known as HAMP. Several years ago, in a pair of posts, we studied the application of N.C. Gen. Stat. § 75-1.1 to a lender’s conduct under this mortgage program. HAMP doesn’t provide a private right of action, so borrowers needed […]
As we have explored before, a common scam known as “W-2 phishing” can put companies in the crosshairs for data-breach lawsuits brought by their employees. In honor of Tax Day, today’s post examines an interesting recent decision from a North Carolina federal court in one of these cases. In that […]
One might expect N.C. Gen. Stat. § 75-1.1 to play a big role in data-breach litigation. The statute, after all, offers the prospect of treble damages and attorney fees. But, historically, it hasn’t. Only three decisions—from federal courts in 2009, 2014, and 2017—appear even to have considered 75-1.1 claims in […]