Today, we look at another decision about the line that divides ordinary contract claims from claims that allege “substantial aggravating circumstances” relating to a breach. The latter category of claims violate N.C. Gen. Stat. § 75-1.1. (Speaking of which, I recently presented a CLE on this topic; here is a […]
Courts have long recognized limitations on claims brought under N.C. Gen. Stat. § 75-1.1 in conjunction with alleged breaches of contract. Although the North Carolina Supreme Court has never formally recognized a restriction, state and federal courts alike have determined that a breach of contract does not give rise to […]
North Carolina courts regularly dismiss claims for violation of N.C. Gen. Stat. § 75-1.1 where the allegations amount to nothing more than a breach of contract. A recent decision by Judge Adam M. Conrad of the North Carolina Business Court, however, provides a potential pathway around that doctrine. In LendingTree […]
Bank and financing fees are a prime target for alleged violations of N.C. Gen. Stat. § 75-1.1. Indeed, one of the seminal cases on section 75-1.1 concerns fees charged in a refinance transaction. Of course, the fact that a bank, lender, or any other financing company charges a fee is […]