North Carolina § 75-16 - 1. Attorney fee.

§ 75-16. 1. Attorney fee.

In any suit instituted by a person who alleges that the defendant violated G.S. 75-1.1, the presiding judge may, in his discretion, allow a reasonable attorney fee to the duly licensed attorney representing the prevailing party, such attorney fee to be taxed as a part of the court costs and payable by the losing party, upon a finding by the presiding judge that: The party charged with the violation has willfully engaged in the act or practice, and there was an unwarranted refusal by such party to fully resolve the matter which constitutes the basis of such suit; or The party instituting the action knew, or should have known, the action was frivolous and malicious. History (1973, c. 614, s. 1; 1983, c. 417, s. 2.) Legal Periodicals. - For comment on the Business Opportunity Sales Act of 1977, see 17 Wake Forest L. Rev. 623 (1981). 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 note, "Consumer Protection - The Unfair Trade Practice Act and the Insurance Code: Does Per Se Necessarily Preempt?," see 10 Campbell L. Rev. 487 (1988). 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, "Defining Unfairness in 'Unfair Trade Practices,"' see 90 N.C. L. Rev. 2033 (2012). For comment, "Finality and Clarity Regarding Pending Claims for Attorney's Fees: Duncan and the Superfluous 54(b) Certification," see 36 Campbell L. Rev. 339 (2014). For comment, "Bank Sales and Bake Sales: Section 75-1.1 and the HAJMM Legacy," see 97 N.C.L. Rev. 163 (2018). For article, "Defining North Carolina's Public Records and Open Meetings Feeshifting Provisions in the Larger National Context,” see 96 N.C.L. Rev. 1725 (2018).