North Carolina Consumer Fraud Class Action
Justice for consumers at the state and federal level
The Federal Trade Commission Act provides legal protection for consumers against fraudulent commercial practices. North Carolina’s Statute 75 1.1.(a) reiterates the FTC Act verbatim:
- Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are declared unlawful
Unfair commercial practices cause injury to consumers
In some states, the corresponding statute lists every imaginable unfair commercial practice. North Carolina does not do this, but instead gives a description of the types of situations which might be fraudulent. Commercial conduct which meets the criteria for violation of the statute includes behavior which is the following:
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And although there is no list of scenarios given in the law, past cases identify certain commercial behaviors that violate the North Carolina statute in past cases:
- Fraud or misrepresentation
- Competitors dividing a territory to minimize competition
- Systematic overcharging of customers
- Deceiving creditors to extend credit to someone who is not creditworthy
- Unfair and deceptive insurance practices
- Slandering someone else's business activities or product
- Presenting one's goods as those of a competitor
Judgments against business owners regardless of intent
The question of the perpetrator’s intention is not relevant in a North Carolina court. Commercial enterprises are responsible for any negative effect their business practices may have upon the consuming public.
Get compensated for consumer fraud by joining a class action
If you have been the victim of a fraudulent commercial practice, Marvin Schiller examines your circumstances. He gives you his informed opinion about whether your case meets the conditions necessary for you to join a class action. Share your situation with Schiller & Schiller.
