We’re not alone in our interest in how the economic-loss doctrine applies to alleged violations of N.C. Gen. Stat. § 75-1.1. In a recent case in the North Carolina Business Court involving section 75-1.1 claims, Judge Michael L. Robinson requested supplemental briefing on the economic-loss doctrine. Judge Robinson’s sua sponte […]
We’ve previously discussed the “overpayment” theory of injury in data-breach litigation. This theory rests on the premise that the price of a product or service includes a payment for data security measures. When a data breach happens, buyers allege they have overpaid for the product or service because the seller […]
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 […]
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 […]