In a recent post, we examined the bankruptcy case of In re American Ambulette & Ambulette Service, Inc.—a case in which a trustee raised a novel theory of liability under N.C. Gen. Stat. § 75-1.1. The bankruptcy trustee alleged that certain business strategies that forced the debtors into bankruptcy constituted […]
North Carolina courts regularly dismiss claims for violation of N.C. Gen. Stat. § 75-1.1 where the allegations amount to nothing more than a breach of contract. A recent decision by Judge Adam M. Conrad of the North Carolina Business Court, however, provides a potential pathway around that doctrine. In LendingTree […]
As we’ve mentioned before, federal privacy statutes that permit lawsuits and award automatic damages can be a fertile source of consumer class action litigation. The Telephone Consumer Protection Act (TCPA) fits this bill. Under the TCPA, telemarketers cannot call residential phone numbers on the National Do Not Call Registry. A […]
A prevailing defendant on a claim for violation of N.C. Gen. Stat. § 75-1.1 can obtain attorney fees, but the bar is high. The defendant must show that the plaintiff knew or should have known that the action was both frivolous and malicious. What facts can satisfy these standards? The […]