North Carolina § 75-1 - 1. Methods of competition, acts and practices regulated; legislative policy.

§ 75-1. 1. Methods of competition, acts and practices regulated; legislative policy.

Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are declared unlawful. For purposes of this section, "commerce" includes all business activities, however denominated, but does not include professional services rendered by a member of a learned profession. Nothing in this section shall apply to acts done by the publisher, owner, agent, or employee of a newspaper, periodical or radio or television station, or other advertising medium in the publication or dissemination of an advertisement, when the owner, agent or employee did not have knowledge of the false, misleading or deceptive character of the advertisement and when the newspaper, periodical or radio or television station, or other advertising medium did not have a direct financial interest in the sale or distribution of the advertised product or service. Any party claiming to be exempt from the provisions of this section shall have the burden of proof with respect to such claim. History (1969, c. 833; 1977, c. 747, ss. 1, 2.) Cross References. - As to prohibition of falsely obtaining, selling or soliciting telephone records, see G.S. 14-113.31. As to the crime of filing a false lien or encumbrance, see G.S. 14-118.6. As to requirements for maintenance fees for gift cards, see G.S. 66-67.5 . As to the unfair trade practice of solicitation without disclosures, see G.S. 131C-21.1 and 131C-16.1. Legal Periodicals. - For comment, "Consumer Protection and Unfair Competition - The 1969 Legislation," see 48 N.C.L. Rev. 896 (1970). For article on antitrust and unfair trade practice law in North Carolina, with federal law compared, see 50 N.C.L. Rev. 199 (1972). For comment on retaliatory eviction in landlord-tenant relations, see 54 N.C.L. Rev. 861 (1976). For note discussing the role of the jury in applying deceptive trade practices legislation, see 54 N.C.L. Rev. 963 (1976). For comment, "Attacking the 'Forfeiture as Liquidated Damages' Clause in North Carolina Installment Land Sales Contracts as an Equitable Mortgage, Penalty and Unfair and Deceptive Trade Practice," see 7 N.C. Cent. L.J. 370 (1976). For note discussing this section, see 12 Wake Forest L. Rev. 484 (1976). For survey of 1976 case law on commercial law, see 55 N.C.L. Rev. 943 (1977). For comment discussing the effect of the 1977 amendment to this section, see 56 N.C.L. Rev. 547 (1978). For survey of 1977 law on trade regulation, see 56 N.C.L. Rev. 934 (1978). For survey of 1978 commercial law, see 57 N.C.L. Rev. 919 (1979). For article, "The Ombudsman, or Citizens' Defender - The North Carolina Experience," see 10 N.C. Cent. L.J. 227 (1979). For survey of 1979 commercial law, see 58 N.C.L. Rev. 1290 (1980). For survey of 1980 commercial law, see 59 N.C.L. Rev. 1017 (1981). For an article on installment land contracts in North Carolina, see 3 Campbell L. Rev. 29 (1981). For note on commercial reasonableness and the public sale in North Carolina, see 17 Wake Forest L. Rev. 153 (1981). For comment on the Business Opportunity Sales Act of 1977, see 17 Wake Forest L. Rev. 623 (1981). For article discussing North Carolina antitrust and consumer protection law, see 60 N.C.L. Rev. 207 (1982). For comment on landlords' eviction remedies in the light of Spinks v. Taylor, 303 N.C. 256 , 278 S.E.2d 501 (1981), and the 1981 "Act to Clarify Landlord Eviction Remedies in Residential Tenancies," see 60 N.C.L. Rev. 885 (1982). For survey of 1981 commercial law, see 60 N.C.L. Rev. 1238 (1982). For article discussing unfair methods of competition, deceptive trade practices, and unfair trade practices, see 5 Campbell L. Rev. 119 (1982). For article on lawyer advertising, see 18 Wake Forest L. Rev. 503 (1982). For note concerning intent under North Carolina's Unfair or Deceptive Acts or Practices Statute, see 18 Wake Forest L. Rev. 134 (1982). For survey of 1982 commercial law, see 61 N.C.L. Rev. 1018 (1983). For comment, "Time Sharing: The North Carolina General Assembly's Response to Ownership of Time Share Contracts," see 15 N.C. Cent. L.J. 56 (1984). For article discussing pendent claims for damages in actions under the Federal Racketeer Influenced and Corrupt Organizations Act, see 7 Campbell L. Rev. 299 (1985). For note on arbitration and punitive damages, in light of Rodgers Builders, Inc. v. McQueen, 76 N.C. App. 16, 331 S.E.2d 726 (1985), cert. denied, 315 N.C. 590 , 341 S.E.2d 29 (1986), see 64 N.C.L. Rev. 1145 (1986). For note, "Bad Faith Refusal to Pay First-Party Insurance Claims: A Growing Recognition of Extra-Contract Damages," see 64 N.C.L. Rev. 1421 (1986). For article, "Unfair and Deceptive Legislation: The Case for Finding North Carolina General Statutes Section 75-1.1 Unconstitutionally Vague as Applied to an Alleged Breach of a Commercial Contract," see 8 Campbell L. Rev. 421 (1986). For survey of North Carolina construction law, with particular reference to unfair or deceptive acts or practices, see 21 Wake Forest L. Rev. 633 (1986). For article, "North Carolina's Cautious Approach Toward the Imposition of Extracontract Liability on Insurers for Bad Faith," see 22 Wake Forest L. Rev. 957 (1986). For survey of 1987 law on unfair and deceptive trade practices, see 65 N.C.L. Rev. 1169 (1987). For article, "North Carolina Construction Law Survey II," see 22 Wake Forest L. Rev. 481 (1987). For note, "Consumer Protection - The Unfair Trade Practice Act and the Insurance Code: Does Per Se Necessarily Preempt?," see 10 Campbell L. Rev. 487 (1988). As to article discussing deceptive trade practices, see 67 N.C.L. Rev. 1225 (1989). For article concerning federal preemption in state unfair competition cases, "Refusing to Rock the Boat: The Sears/Compoco Preemption Doctrine Applied to Bonito Boats v. Thunder Craft," see 25 Wake Forest L. Rev. 385 (1990). For note, "Ellis v. Northern Star Co.: Libel in a Business Setting Subject to Mandatory Treble Damages Under North Carolina General Statutes Sections 75-1.1 and 75-16," see 69 N.C.L. Rev. 1739 (1991). For survey on consumer law, see 70 N.C.L. Rev. 1959 (1992). For article, "Drafting, Interpreting, and Enforcing Commercial and Shopping Center Leases," see 14 Campbell L. Rev. 275 (1993). For article, "The Learned Profession Exemption of the North Carolina Deceptive Trade Practices Act: The Wrong Bright Line?," see 15 Campbell L. Rev. 223 (1993). For article, "Unfair Trade Practices, Antitrust and Consumer Welfare in North Carolina," see 80 N.C.L. Rev. 1927 (2002). For article, "Silence Is Golden: The Case for Mandatory Disclosure of Coastal Hazards and Land-Use Restrictions by Residential Sellers in North Carolina," 25 N.C. Cent. L.J. 96 (2002). For comment, "The Sword of North Carolina's 'Unfair and Deceptive Trade Practices Act': Combating North Carolina Businesses Who Undercut Competition by Hiring Illegal Immigrants," see 29 Campbell L. Rev. 333 (2007). For article, "Defining Unfairness in 'Unfair Trade Practices,"' see 90 N.C. L. Rev. 2033 (2012).