The North Carolina Business Court has clearly held that unfair or deceptive trade practices claims do not include shareholder disputes.  Brewster v. Powell Bail Bonding, Inc., 2018 NCBC 74 (July 26, 2018). Brewster involved “a classic shareholder dispute” in which a minority shareholder sued the corporation and other shareholders claiming that he had been pushed…

North Carolina law provides that “[u]nfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are declared unlawful.”  N.C.G.S. § 75-1.1(a).  Lawsuits under § 75-1.1 are commonly referred to as claims under the Unfair and Deceptive Trade Practices Act, or “UDTPA.” To establish a UDTPA claim,…

In Bumpers v. Community Bank of Northern Virginia, plaintiffs were borrowers who obtained mortgage loans from the defendant.  Plaintiffs alleged that they each paid loan discount fees that were “a one-time charge imposed by the lender or broker to lower the rate at which the lender or broker would otherwise offer the loan [to the…

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