North Carolina Unfair Business Practice

North Carolina Unfair Business Practice, 3rd Edition, is the only publication providing comprehensive guidance on the complex world of consumer protection, and unfair and deceptive trade practices in North Carolina.
Publisher: Matthew Bender

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ISBN: 9780327163671
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North Carolina Unfair Business Practice, 3rd Edition, is the only publication providing comprehensive guidance on the complex world of consumer protection, and unfair and deceptive trade practices in North Carolina. Focusing heavily on North Carolina General Statute 75-1.1, this publication’s importance and prominence has grown steadily through the years, as the area of unfair business practices continues to expand. An essential resource for any attorney advising businesses on appropriate trade practices or representing clients potentially harmed by unfair business practice, North Carolina Unfair Business Practice, 3rd Edition, provides expert analysis of the statute through detailed examination of hundreds of cases interpreting its provisions.

Highlights include:

  • Comprehensive analysis of General Statute 75-1.
  • Examination of potential liability stemming from consumer fraud or deception in areas such as landlord/tenant relations, insurance, advertising, the purchase of real property and the purchase of consumer products
  • Remedies for violations of General Statute 75-1.1
  • Discussion of a common law claim for unfair competition
  • Examination of federal antitrust statutes
  • Sample forms

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Table of contents

PART I  GENERAL INTRODUCTION AND SOURCES

Chapter 1 General Introduction and Sources

Chapter 2 North Carolina General Statutes Related to § 75-1.1

Chapter 3 Other North Carolina Unfair Business Statutes, Rules and Regulations

Chapter 4 FTC and Other Little FTC Acts as Guidance

PART II  SECTION 75-1.1-GENERAL PRINCIPLES AND PROCEDURAL ISSUES

Chapter 5 Conflicts of Law

Chapter 6 "In or Affecting Commerce"

Chapter 7 Pretrial Issues

Chapter 8 Trial Issues

Chapter 9 Other Litigation Issues

PART III  REMEDIES

Chapter 10 Damages

Chapter 11 Attorney Fees

Chapter 12 Other Relief

PART IV  DEFENDING SECTION 75-1.1 CLAIMS

Chapter 13 Statute of Limitations

Chapter 14 Statutory Exemptions

Chapter 15 Case Law Exemptions and Exclusions

Chapter 16 Federal Preemption

Chapter 17 Constitutional Challenges

Chapter 18 Other Defenses

PART V CONSUMER PROTECTION

Chapter 19 General Principles

Chapter 20 Application of Section 75-1.1 to Sales of Specific Products

Chapter 21 Application of Section 75-1.1 to Sales of Specific Types of Services and Other Intangible Products

Chapter 22 Consumer Protection: Insurance

Chapter 23 Consumer Protection: Landlord/Tenant Relations

PART VI  NON-CONSUMER BUSINESS ACTIVITIES

Chapter 24 Defining Unfair Methods of Competition Under Section 75-1.1

Chapter 25 Relation of Section 75-1.1 to Common Law Unfair Competition

Chapter 26 Relation of Section 75-1.1 to Federal Antitrust Law

Chapter 27 Relation of Section 75-1.1 to State Antitrust Law

Chapter 28 Noncompetition Agreements; Ancillary Restraints of Trade

Chapter 29 Racketeer Influenced and Corrupt Organizations (RICO)

Chapter 30 Application of Section 75-1.1 to International Trade

Chapter 31 Unfair Business Acts and Practices Affecting Franchising and Distribution

PART VII  PUBLIC ENFORCEMENT

Chapter 32 Attorney General Enforcement

PART VIII  APPENDIX: FORMS

  Forms

  Table of Cases

  Table of Statutes

  Index