Bank and financing fees are a prime target for alleged violations of N.C. Gen. Stat. § 75-1.1. Indeed, one of the seminal cases on section 75-1.1 concerns fees charged in a refinance transaction. Of course, the fact that a bank, lender, or any other financing company charges a fee is […]
Plaintiffs who prove violations of N.C. Gen. Stat. § 75-1.1 are automatically entitled to treble damages under N.C. Gen. Stat. § 75-16. The automatic trebling of damages for 75-1.1 claims often leads to substantial verdicts and settlements. It raises several questions: Why are plaintiffs allowed to automatically recover treble damages? […]
Last Friday, the Mecklenburg County Bar presented its Fourth Annual North Carolina Business Court CLE. The program featured a panel discussion by the North Carolina Business Court judges, as well as programs on the proposed revisions to the Business Court Rules, a review of recent Business Court decisions, and advice […]
A recent decision by the North Carolina Business Court underscores the challenges faced by a party who tries to convert a breach of contract into a violation of N.C. Gen. Stat. § 75-1.1. A breach of contract alone, even if intentional, does not violate section 75-1.1. The plaintiff must show […]