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May 13, 2014 in 75-1.1 Exemptions by

The Bumpers Decision

Last fall, the North Carolina Supreme Court issued a major decision, Bumpers v. Community Bank of Northern Virginia, 747 S.E.2d 220 (N.C. 2013), that helps to define the elements of a claim under section 75-1.1. The court held that when a section 75-1.1 claim is based on an alleged misrepresentation, the plaintiff must prove that she actually and reasonably relied on the statements at issue.

We represent the defendant in Bumpers. Because the case is on remand, we won’t characterize the case further here. But the supreme court’s opinion merits a close read by everyone who wants to understand the law in this area.

Here’s a recent newsletter article that describes the Bumpers decision in detail. Likewise, here’s contemporaneous coverage of the decision on the N.C. Appellate Practice Blog. (These articles state their authors’ views, not necessarily ours.)