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February 13, 2018
Posted in  Creditors Rights, Lender Liability, and Bankruptcy

Can a Lender’s “Robo-Signing” of a Loan Document be the Basis for an Unfair or Deceptive Trade Practice Claim?

The financial crisis of 2008 and the subsequent wave of mortgage foreclosures brought to light certain lenders’ practices of “Robo-Signing.” Robo-Signing was a term coined to refer to bank employees’ alleged practice of “robotically” signing mortgage loan documents without reviewing them. A recent decision from the Middle District of North […]

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January 30, 2018
Posted in  Misrepresentations

When a Claim of Deception Turns on Promises

Businesses regularly make decisions based on forecasts of future market opportunities. When a business makes a bad guess, however, can N.C. Gen. Stat. § 75-1.1 come to its aid? What if the guess turned on statements by a contracting partner? Today’s post looks at a recent decision about these questions. […]

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January 16, 2018
Posted in  Per Se Violations Privacy and Data Security

The Proposed Overhaul of North Carolina’s Data-Breach Law Could Have Big-Time Consequences

One might expect N.C. Gen. Stat. § 75-1.1 to play a big role in data-breach litigation. The statute, after all, offers the prospect of treble damages and attorney fees.  But, historically, it hasn’t. Only three decisions—from federal courts in 2009, 2014, and 2017—appear even to have considered 75-1.1 claims in […]

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