Although North Carolina law has claims designed to protect us from civil wrongs (negligence, assault, fraud, etc.) and compensate us for breach of contract, corporations have become more sophisticated and evasive. In an effort to shore up consumer protection and the protection of small business, the North Carolina legislature enacted a law to prevent “unfair and deceptive” trade practices. The bad act (unfair or deceptive) must be in a business or consumer context.
A successful claim entitles you to triple damages plus attorneys’ fees. In this short space, it is impossible to define a “bad” act. In fact, before we could define one bad act, a new bad act would appear. The law prohibits unfair or deceptive acts in commerce.
An unfair act has been described as using power or position unfairly. A deceptive act is lying or concealing. Conduct which stifles competition is covered by this law.
Even unintentional acts have been held to be deceptive. If you were treated unfairly or were deceived in a business setting, you may have a claim. The cases are very fact specific. You should call for an evaluation of any potential claim.
Our lawyers represent emerging and small businesses in litigation related matters. We have successfully represented North Carolinians in both individual and class action lawsuits involving securities fraud, antitrust, breach of contract, tortious interference with business relations and contracts, fraud and unfair and deceptive trade practices.
Although we do not practice in the area of business formation, we are available to consult on limited matters. We will provide our trial experience for your business.