North Carolina Deceptive Trade Practices Laws

State business laws prohibit practices considered "deceptive" to consumers. These banned actions include rolling back the odometer on a used car or using false advertising to sell a product. Unlike many other states, North Carolina does not adhere to the Uniform Deceptive Trade Practices Act. North Carolina does, however, have deceptive trade practice laws that prohibit certain activities. These laws often allow consumers to file lawsuits in addition to the state's attorney general.

The basic provisions of North Carolina's deceptive trade practice laws are listed in the following chart. You can also check out the links at the end of the article for additional resources and articles.

Uniform Deceptive Trade Practices Act Adopted

North Carolina has not adopted the Uniform Deceptive Trade Practices Act. Only twenty states have adopted the Act.

Applicable Code Section

North Carolina General Statutes Chapter 75: Monopolies, Trusts and Consumer Protection.

Prohibited Behavior

Section 75-1.1 prohibits the following activities:

  • Unfair methods of competition in or affecting commerce; and
  • Unfair or deceptive acts or practices in or affecting commerce.

Under that law, commerce includes all business activities except professional services provided by a member of a trained profession.

Who May Bring Suit An injured consumer may file a civil lawsuit against a violator and the State Attorney General may file a civil prosecution.

Remedies Available

The remedies imposed by a court depend on the unique facts and circumstances of the case but may include the following:

  • Permanent or temporary restraining order;
  • Permanent or temporary injunction;
  • Restoring property and money that was provided by the victim to the defendant;
  • Cancelling a contract that was made between the victim and the defendant;
  • Civil fines up to $5,000 for each violation (the proceeds of the fines will be deposited into the Civil Penalty and Forfeiture Fund)
  • Treble damages for the victim in specified circumstances (three times the amount of damages awarded in the verdict); and
  • Attorney's fees to the party that wins the lawsuit.

Other Prohibited Behavior

Tampering with a car odometer (North Carolina General Statutes section 20-343)

If you believe you have been the victim of deceptive business practice, you may want contact a North Carolina consumer protection attorney to file a claim with the Attorney General and receive legal advice about filing a civil lawsuit.  

Research the Law

North Carolina Deceptive Trade Practices Laws: Related Resources

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