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September 12, 2017 in 75-1.1 Exemptions by

Does the Fair Credit Reporting Act Preempt State-Law Claims for Unfair and Deceptive Trade Practices?

In cases that involve claims brought under North Carolina’s Unfair and Deceptive Trade Practices Act, an often overlooked issue is whether federal law preempts the 75-1.1 claim. In a case of apparent first impression, a federal district court in North Carolina recently ruled that the federal Fair Credit Reporting Act […]

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August 22, 2017 in 75-1.1 Exemptions by

How Variations in the Law on Deceptive Conduct Can Affect Litigation Strategy

North Carolina is not the only jurisdiction with a statute that prohibits deceptive conduct. These statutes, however, are not identical. Today’s post shows how the variations among these statutes can affect litigation strategy. The recent decision in Greene v. Gerber Products Co. provides the backdrop. Greene is a putative class action […]

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August 15, 2017 in 75-1.1 Exemptions by

How a Potent Defense Can Stifle Data-Breach Lawsuits by Businesses

Consumers aren’t the only plaintiffs in data-breach litigation. Businesses sue, too. When they do sue, businesses can be strong plaintiffs. This is because, unlike consumers, businesses usually can establish standing, since they’re more likely to have suffered direct financial loses that can be readily identified.   This doesn’t mean, however, […]

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