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,…

If you received a Summons and Complaint in North Carolina naming you as a defendant, then you have been sued.  This is not a fun experience.  It is costly in terms of time and money.  It is stressful.  But it is much better to deal with it immediately than to pretend it has not happened. …

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