North Carolina law awards treble damages for violations of N.C. Gen. Stat. § 75-1.1 “if damages are assessed.” A recent Fourth Circuit decision asks this question: If a plaintiff seeks rescission, and if the defendant’s conduct violates section 75-1.1, may the court treble the value of the rescission? The court answered […]
If you’ve ever shopped for a used car, you’ve probably been asked to sign a document that defines your warranty rights. Sometimes a used-car seller might make no warranty at all, asking you to agree that you’re buying the car as is. If that happens, what recourse do you have […]
Happy New Year! We begin 2016 by studying a new decision on a familiar issue: the degree of reliance required in a claim under N.C. Gen. Stat. § 75-1.1. North Carolina law now holds that a plaintiff who makes a 75-1.1 claim based on a misrepresentation must show actual and […]
As 2015 comes to a close, we thank you, our readers, for your interest and support. When we started this blog, we sensed that businesses, judges, and lawyers had a watchful eye on N.C. Gen. Stat. § 75-1.1. Thank you for verifying that idea through your readership. This year, the […]