Frequently Asked Questions About Unfair Trade Practices
The laws that govern business practices can be difficult to fully understand without the benefit of extensive legal training. If you have questions about unfair business practices or commercial litigation, the experienced business and commercial litigation attorneys at Meynardie & Nanney, PLLC, can provide clear and helpful answers.
What Is The Unfair And Deceptive Trade Practices Act (UDTPA)?
North Carolina General Statutes chapter 75 declares unfair and deceptive trade practices in commerce unlawful in the state. However, UDTPA contains several limitations — some of which were added through North Carolina appellate courts.
It is important to understand these limitations if you have suffered damages due to deceptive business practices. An experienced and dedicated lawyer at Meynardie & Nanney, PLLC, can consult with you about your options.
Can I Recover Attorneys’ Fees And Up To Three Times My Damages Under UDTPA?
This statute does provide for treble damages, which is triple the amount of damages that you may have suffered due to unfair and deceptive trade practices. The court can also award attorneys’ fees, but the judge must find that the defendant willfully engaged in the bad act and that they refused to fully resolve the matter without a compelling reason.
The possibility of receiving a high award makes filing a claim under UDTPA an attractive cause. However, these cases can be complex. Many situations do not fall under the definition of unfair and deceptive trade practices. Treble damages and attorneys’ fees, therefore, usually only apply to cases in which the defendant’s conduct was egregious.
Can I Pursue A Breach Of Contract Claim Under UDTPA?
Breach of contract cases typically do not fall under the definition of unfair trade practices. Although there may be certain circumstances that involve unfair trade practices, North Carolina courts usually consider these cases a separate matter.
Speak Directly With A Qualified Attorney
Cases that involve conflict between businesses are often complicated and significant. If you are looking for sophisticated legal counsel for a business issue, rely on the skilled team at Meynardie & Nanney, PLLC. Call 919-891-8409 or email us to schedule a consultation with our Raleigh law firm today.