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August 27, 2019 in 75-1.1 Exemptions by

When Defending a Claim for Unfair Trade Practices, Procedural Weapons Can Provide the First Line of Defense

If you represent a plaintiff in a claim for unfair trade practices, you want the court to get to the heart of your claim. You’ve got a fact pattern, after all, that shows that someone was mistreated.  The story’s different for defense counsel. You might have a winning argument on the merits—what sounds unfair is […]

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July 16, 2019 in 75-1.1 Exemptions by

In Alleging Unfair Mortgage Practices, Can a Pro Se Plaintiff Survive a Motion to Dismiss without Raising a Per Se Violation?

This post revisits litigation over the federal Home Affordable Mortgage Program, known as HAMP. Several years ago, in a pair of posts, we studied the application of N.C. Gen. Stat. § 75-1.1 to a lender’s conduct under this mortgage program. HAMP doesn’t provide a private right of action, so borrowers needed […]

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June 25, 2019 in 75-1.1 Exemptions by

Udderly Insufficient: A “Clerical Error” that Meant Catastrophe for a Cattle Breeder Was Not a “Substantial Aggravating Factor”

Sometimes small errors can have big consequences. According to a recent Fourth Circuit decision, big consequences do not turn small errors into unfair or deceptive trade practices. Edwards v. Genex Cooperative, Inc. considered a section 75-1.1 claim based on a breach of contract accompanied by “substantial aggravating factors.” Parties to […]

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