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,…

What if you or your business entered a contract and the other party did not live up to its end of the bargain?  You may consider filing a lawsuit for a breach of contract.  While there are several questions to consider (did a valid contract exist, did the contract need to be in writing, did…

Many individuals and businesspeople ask if their contracts must be in writing to be legally enforceable.  The answer in North Carolina is that “it depends.”  It depends on the subject of the contract, the monetary value, and, in some cases, the length of time the contract is in existence.  Whether or not a contract must…

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. …

Many business owners and consumers ask if liability waivers (or releases) are legally enforceable.  In North Carolina, contracts which attempt to release parties from liability are called “exculpatory contracts.” Exculpatory contracts will generally be enforced in North Carolina unless they violate a statute, are the result of an inequality of bargaining power, or are contrary to a…

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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