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December 11, 2018
Posted in  75-1.1 Exemptions

Are Zoning Board Decisions In or Affecting Commerce?

North Carolina’s unfair and deceptive trade practices statute reaches a wide variety of “unfair” or “deceptive” conduct. Litigants are more frequently tripped up by the requirement that the conduct be “in or affecting commerce.” Senior U.S. District Judge Graham C. Mullen recently relied on this requirement in dismissing a section […]

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November 27, 2018
Posted in  Creditors Rights, Lender Liability, and Bankruptcy

Can Conduct in a Foreclosure Proceeding Give Rise to an Unfair or Deceptive Trade Practice?

Today’s post continues our “traps for the unwary” series. In Bryant v. Nationstar Mortgage, LLC, the North Carolina Court of Appeals affirmed the dismissal of a claim under N.C. Gen. Stat. § 75-1.1 arising from alleged impropriety in connection with a foreclosure. In Bryant, a homeowner brought a 75-1.1 claim […]

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