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 […]
Today we return to the vexing relationship between N.C. Gen. Stat. § 75-1.1 and the North Carolina Debt Collection Practices Act. The Debt Collection Act says that its “specific and general provisions . . . shall exclusively constitute the unfair or deceptive acts or practices proscribed by G.S. 75-1.1 in […]