Skip to Content
September 25, 2018 in 75-1.1 Exemptions by

A Tale of Two Courts: State- and Federal- Consumer-Protection Statutes Both Preempt UDTPA Claims

Preemption can be a powerful defense to an unfair and deceptive trade practice claim. Preemption of a claim brought under N.C. Gen. Stat. § 75-1.1 can deprive a putative plaintiff of potential treble damages remedies and potential recovery of attorneys’ fees. Attorneys have raised preemption as a defense with increasing […]

Read More
August 28, 2018 in 75-1.1 Exemptions by

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 […]

Read More