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Category: Per Se Violations

July 16, 2019 James M. Weiss
Posted in  Per Se Violations

In Alleging Unfair Mortgage Practices, Can a Pro Se Plaintiff Survive a Motion to Dismiss without Raising a Per Se Violation?

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 […]

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January 16, 2018
Posted in  Per Se Violations Privacy and Data Security

The Proposed Overhaul of North Carolina’s Data-Breach Law Could Have Big-Time Consequences

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 […]

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