Chapter 66 Commerce and Business
Article 1 - Regulation and Inspection.
- § 66-1 County commissioners to appoint inspectors
The board of county commissioners may appoint for their county or any township thereof inspectors for any article of commerce the inspection of which is...
- § 66-2 Repealed by Session Laws 1973, c. 108, s. 22
- § 66-3 Bond of inspector; fees
The said inspector shall enter into bond in the sum of five hundred dollars ($500.00), payable to the State of North Carolina, conditioned for the...
- § 66-4 Falsely acting as inspector
If any person, who is not a legal or sworn inspector of lumber or other articles, presume to act as such, he shall forfeit and...
- § 66-5 Penalty for sale without inspection
If any person shall sell any article of forage or provision, of which inspection is required in accordance with this Article, without the same having...
- § 66-6 Penalty on master receiving without inspection
No master or commander of any vessel shall take on board any cask or barrel or other commodity, liable to inspection as aforesaid, without its...
- § 66-7 Who to pay inspectors' fees; penalty for extortion
The fees of inspectors shall be paid by the purchaser or exporter of the articles inspected, and if any inspector shall receive any greater fees...
- § 66-8 Repealed by Session Laws 1995, c. 379, s. 18.3
- § 66-9 Gas and electric light bills to show reading of meter
It shall be the duty of all gas companies and electric light companies selling gas and electricity to the public to show, among other things,...
- § 66-10 Failure of dealers of scrap, salvage, or surplus to keep record of purchases of certain items misdemeanor
(a) Every person, firm, or corporation buying rubber or leather, rubber belts, and belting, as scrap, salvage, or surplus shall keep a register containing a...
- § 66-11 Dealing in regulated metals property; penalties
(a) Definitions. As used in this section: (1) "Law enforcement officer" means any duly constituted law enforcement officer of the State or of any municipality...
- § 66-11.1 Transportation of copper
It shall be unlawful for any person to transport or have in his possession on highways of this State, in any vehicle other than a...
- § 66-11.2 Forfeiture of vehicles used to transport unlawfully obtained regulated metals property
(a) Vehicles which are used or intended for use to convey or transport, or in any manner to facilitate the conveyance or transportation of unlawfully...
Article 2 - Manufacture and Sale of Matches.
- § 66-12 Requirements for matches permitted to be sold
No person, association, or corporation shall manufacture, store, offer for sale, sell or otherwise dispose of or distribute white phosphorous, single‑dipped, strike‑anywhere matches of the...
- § 66-13 Packages to be marked
No person, association, or corporation shall offer for sale, sell or otherwise dispose of, or distribute, any matches, unless the package or container in which...
- § 66-14 Storage and packing regulated
No more than one case of each brand of matches of any type or manufacture shall be opened at any one time in the retail...
- § 66-15 Shipping containers regulated
All match boxes or packages shall be packed in strong shipping containers or cases; maximum number of match boxes or packages contained in any one...
- § 66-16 Violation of Article a misdemeanor
Any person, association, or corporation violating any of the provisions of this Article shall be guilty of a Class 3 misdemeanor and shall only be...
Article 3 - Candy and Similar Products.
Article 4 - Electrical Materials, Devices, Appliances and Equipment.
- § 66-23 Sale of electrical goods regulated
Every person, firm or corporation before selling, offering for sale, assigning, or disposing of by gift as premiums or in any similar manner any electrical...
- § 66-24 Identification marks required
All electrical materials, devices, appliances and equipment shall have the maker's name, trademark, or other identification symbol placed thereon, together with such other markings giving...
- § 66-25 Acceptable listings as to safety of goods
All electrical materials, devices, appliances, and equipment shall be evaluated for safety and suitability for intended use. This evaluation shall be conducted in accordance with...
- § 66-26 Legal responsibility of proper installations unaffected
This Article shall not be construed to relieve from or to lessen the responsibility or liability of any party owning, operating, controlling or installing any...
- § 66-27 Violation made misdemeanor
Any person, firm or corporation who shall violate any of the provisions of this Article shall be guilty of a Class 2 misdemeanor. (1933, c....
- § 66-27.01 Enforcement
The Commissioner or his designee or the electrical inspector of any State or local governing agency may initiate any appropriate action or proceedings to prevent,...
Article 4A - Safety Features of Hot Water Heaters.
- § 66-27.1 Certain automatic hot water tanks or heaters to have approved relief valves; installation or sale of unapproved relief valves forbidden
(a) No individual, firm, corporation or business shall install, sell or offer for sale any automatic hot water tank or heater of 120‑gallon capacity or...
- § 66-27.1A Water heater thermostat settings
(a) The thermostat of any new residential water heater offered for sale or lease for use in a single‑family or multifamily dwelling in the State...
- § 66-27.2 Certain hot water supply storage tank or heater baffles, heat traps, etc., to be tested before installation or sale
(a) No individual, firm, corporation or business shall install, sell or offer for sale any hot water supply storage tanks or heaters of 120‑gallon capacity...
- § 66-27.3 Violation of Article made misdemeanor
Violation of any provision of this Article is hereby made a Class 1 misdemeanor. (1965, c. 860, s. 3; 1993, c. 539, s. 510; 1994,...
- § 66-27.4 Local regulation of hot water heater safety features
Nothing in this Article shall be interpreted as relieving any individual, firm, corporation or business from complying with additional protective regulations relating to the safety...
Article 4B - Safety Features of Trailers.
Article 5 - Sale of Phonograph Records or Electrical Transcriptions.
Article 6 - Sale of Nursery Stock.
Article 7 - Tagging Secondhand Watches.
Article 8 - Public Warehouses.
- § 66-35 Who may become public warehousemen
Any person or any corporation organized under the laws of this State whose charter authorizes it to engage in the business of a warehouseman may...
- § 66-36 Bond required
Every person or every corporation organized under G.S. 66‑35, to become a public warehouseman, except such as shall have a capital stock of not less...
- § 66-37 Person injured may sue on bond
Whenever such warehouseman fails to perform any duty or violates any of the provisions of this Article, any person injured by such failure or violation...
- § 66-38 When insurance required; storage receipts
Every such warehouseman shall, when requested thereto in writing by a party placing property with it on storage, cause such property to be insured; every...
- § 66-39 Books of account kept; open to inspection
Every such warehouseman shall keep a book in which shall be entered an account of all its transactions relating to warehousing, storing, and insuring cotton,...
- § 66-40 Unlawful disposition of property stored
If any person unlawfully sells, pledges, lends, or in any other way disposes of or permits or is a party to the unlawful selling, pledging,...
Article 9 - Collection of Accounts.
Article 9A - Private Detectives.
Article 9B - Motor Clubs and Associations.
Article 9C - Collection Agencies.
Article 10 - Fair Trade.
Article 10A - Inventions Developed by Employee.
- § 66-57.1 Employee's right to certain inventions
Any provision in an employment agreement which provides that the employee shall assign or offer to assign any of his rights in an invention to...
- § 66-57.2 Employer's rights
An employer may not require a provision of an employment agreement made unenforceable under G.S. 66‑57.1 as a condition of employment or continued employment. An...
Article 11 - Government in Business.
Article 11A - Electronic Commerce In Government.
- § 66-58.1 Title; purpose
This Article shall be known and may be cited as the Electronic Commerce Act. The purpose of this Article is to facilitate electronic commerce with...
- § 66-58.2 Definitions
The following definitions apply in this Article: (1) "Certification authority" means a person authorized by the Secretary to facilitate electronic commerce by vouching for the...
- § 66-58.3 Certification authority licensing
All persons acting as a certification authority with respect to transactions under this Article shall be licensed by the Secretary prior to representing themselves or...
- § 66-58.4 Use of electronic signatures
All public agencies may use and accept electronic signatures pursuant to this Article, pursuant to Article 40 of this Chapter (the Uniform Electronic Transactions Act),...
- § 66-58.5 Validity of electronic signatures
(a) An electronic signature contained in a transaction undertaken pursuant to this Article between a person and a public agency, or between public agencies, shall...
- § 66-58.6 Enforcement
(a) The Secretary may investigate complaints or other information indicating fraudulent or unlawful conduct that violates this Article or the rules promulgated thereunder. (b) The...
- § 66-58.7 Civil penalty
The Secretary may assess a civil penalty of not more than five thousand dollars ($5,000) per violation against any certification authority that violates a provision...
- § 66-58.8 Criminal penalty
(a) Any person who willfully violates any provision of this Article, or who willfully violates any rule or order under this Article, with intent to...
- § 66-58.9 Exemptions
This Article shall not apply to any of the following: (1) Electronic signatures and facsimile signatures that are otherwise allowed by law. (2) The execution...
- § 66-58.10 Rule making
(a) The Secretary may promulgate rules under this Article. Such rules may include, but are not limited to: (1) Definitions, including, but not limited to,...
- § 66-58.11 Reciprocal agreements
The Secretary is hereby authorized to enter into reciprocal arrangements with appropriate and duly authorized public agencies of other jurisdictions having a law substantially similar...
- § 66-58.12 Agencies may provide access to services through electronic and digital transactions; fees authorized
(a) Public agencies are encouraged to maximize citizen and business access to their services through the use of electronic and digital transactions. A public agency...
- § 66-58.13 through 66-58.19 Reserved for future codification purposes
Article 11B - Electronic Access to State Services.
Article 12 - Coupons for Products of Photography.
Article 13 - Miscellaneous Provisions.
- § 66-65 Indemnity bonds required of agents, etc., to state maximum liability and period of liability
Wherever any person, firm, or corporation, engaged in the business of merchandising any articles whatsoever, shall require of its agents, solicitors, salesmen, representatives, consignees, or...
- § 66-66 Manufacture or sale of antifreeze solutions compounded with inorganic salts or petroleum distillates prohibited
The manufacture or sale of antifreeze solutions which are designated, intended, advertised, or recommended by the manufacturer or seller for use in the cooling systems...
- § 66-67 Disposition by laundries and dry cleaning establishments of certain unclaimed clothing
(a) If any person fails to claim any garment, clothing, household article or other article delivered for laundering, cleaning or pressing to any laundry or...
- § 66-67.1 Disposal by repair businesses of certain unclaimed property
(a) Disposal Authorized. Notwithstanding the provisions of Article 1 of Chapter 44A of the General Statutes, a person who repairs, alters, treats, or improves personal...
- § 66-67.2 Persons who sell used goods on consignment must keep certain records
(a) A person who is engaged in the business of selling used tangible personal property on consignment must keep a record of each piece of...
- § 66-67.3 Disposal of dies, molds, forms, and patterns
(a) Definitions. The following definitions apply in this section: (1) Customer. Either of the following: a. A person who causes or caused a molder to...
- § 66-67.4 Film and photographic print processor or computer technician to report film or computer images containing pictures of a minor engaging in sexual activity
(a) As used in this section: (1) "Computer technician" means any person who repairs, installs, or otherwise services any computer or computer network or system...
- § 66-67.5 Requirements for maintenance fees for gift cards
(a) Disclosure. The seller or issuer of a gift card must conspicuously disclose any maintenance fee charges at the time of purchase. The disclosure must...
Article 14 - Business under Assumed Name Regulated.
Article 15 - Person Trading as "Company" or "Agent."
Article 16 - Unfair Trade Practices in Diamond Industry.
- § 66-73 Definitions
For the purpose of this Article: (1) A "diamond" is a natural mineral consisting essentially of pure carbon crystallized in the isometric system and is...
- § 66-74 What constitutes unfair trade practice
It is an unfair trade practice for any member of the diamond industry: (1) To use, or cause or promote the use of, any trade...
- § 66-75 Penalty for violation; each practice a separate offense
Any person, firm, corporation or organization engaging in any unfair trade practice, as defined in this Article, shall be guilty of a Class 1 misdemeanor;...
Article 17 - Closing-Out Sales.
- § 66-76 Definitions
For the purposes of this Article, "closing‑out sale" shall mean and include all sales advertised, represented or held forth under the designation of "going out...
- § 66-77 License required; contents of applications; inventory required; fees; bond; extension of licenses; records; false statements
(a) No person shall advertise or offer for sale a stock of goods, wares or merchandise under the description of closing‑out sale, or a sale...
- § 66-78 Additions to stock in contemplation of sale prohibited
No person in contemplation of a closing‑out sale shall order any goods, wares or merchandise for the purpose of selling and disposing of the same...
- § 66-79 Replenishment of stock prohibited
No person carrying on or conducting a closing‑out sale or a sale of goods, wares or merchandise damaged by fire, smoke, water or otherwise, shall,...
- § 66-80 Continuation of sale or business beyond termination date
No person shall conduct a closing‑out sale or a sale of goods, wares or merchandise damaged by fire, smoke, water or otherwise or a distress...
- § 66-81 Advertising or conducting sale contrary to Article; penalty
Any person who shall advertise, hold, conduct or carry on any sale of goods, wares or merchandise under the description of closing‑out sale or a...
- § 66-82 Sales excepted; liability for dissemination of false advertisement
The provisions of this Article shall not apply to sheriffs, constables or other public or court officers, or to any other person or persons acting...
- § 66-83 Restraining or enjoining illegal act
Upon complaint of any person the superior court shall have jurisdiction to restrain and enjoin any act forbidden or declared illegal by any provisions of...
- § 66-84 Repealed by Session Laws 1981, c. 633, s. 8
Article 18 - Labeling of Household Cleaners.
Article 19 - Business Opportunity Sales.
- § 66-94 Definition
For purposes of this Article, "business opportunity" means the sale or lease of any products, equipment, supplies or services for the purpose of enabling the...
- § 66-94.1 Responsible sellers exemption
(a) The provisions of Article 19 shall not apply to the sale or lease of any products, equipment, supplies or services where: (1) The seller...
- § 66-95 Required disclosure statement
At least 48 hours prior to the time the purchaser signs a business opportunity contract, or at least 48 hours prior to the receipt of...
- § 66-96 Bond or trust account required
If the business opportunity seller makes any of the representations set forth in G.S. 66‑94(3), the seller must either have obtained a surety bond issued...
- § 66-97 Filing with Secretary of State
(a) The seller of every business opportunity shall file with the Secretary of State two copies of the disclosure statement required by G.S. 66‑95, accompanied...
- § 66-98 Prohibited acts
Business opportunity sellers shall not: (1) Represent that the business opportunity provides income or earning potential of any kind unless the seller has documented data...
- § 66-99 Contracts to be in writing; form; provisions
(a) Every business opportunity contract shall be in writing and a copy shall be given to the purchaser at the time he signs the contract....
- § 66-100 Remedies
(a) If a business opportunity seller uses any untrue or misleading statements in the sale of a business opportunity, or fails to give the proper...
- § 66-101 through 66-105 Reserved for future codification purposes
Article 20 - Loan Brokers.
- § 66-106 Definitions
(a) For purposes of this Article the following definitions apply: (1) A "loan broker" is any person, firm, or corporation who, in return for any...
- § 66-107 Required disclosure statement
At least seven days prior to the time any person signs a contract for the services of a loan broker, or the time of the...
- § 66-108 Bond or trust account required
(a) Every loan broker must obtain a surety bond issued by a surety company authorized to do business in this State, or establish a trust...
- § 66-109 Filing with Secretary of State
(a) Prior to placing any advertisement or making any other representations to prospective borrowers in this State, every loan broker shall file with the Secretary...
- § 66-110 Contracts to be in writing
Every loan brokerage contract shall be in writing, and signed by all contracting parties. A copy of the contract shall be given to the prospective...
- § 66-111 Remedies
(a) If a loan broker uses any untrue or misleading statements in connection with a loan brokerage contract, fails to fully comply with the requirements...
- § 66-112 Scope
The provisions of this Article shall apply in all circumstances in which any party to the contract conducted any contractual activity (including but not limited...
- § 66-113 through 66-117 Reserved for future codification purposes
Article 21 - Prepaid Entertainment Contracts.
- § 66-118 Definitions
As used in this Article, unless the context clearly requires otherwise: (1) "Contract cost" means the total consideration paid by a buyer pursuant to a...
- § 66-119 Contract requirements
Every prepaid entertainment contract shall: (1) Be in writing, fully completed, dated and signed by all contracting parties. A copy of the contract shall be...
- § 66-120 Buyer's rights
Every seller of a prepaid entertainment contract must: (1) Deliver to the buyer all information of a personal or private nature, including but not limited...
- § 66-121 Buyer's right to cancel
(a) In addition to any right otherwise to revoke an offer or cancel a sale or contract, the buyer has the right to cancel a...
- § 66-122 Rights and responsibilities after cancellation
Within 30 days after a prepaid entertainment contract has been cancelled in accordance with G.S. 66‑121, the seller must tender to the buyer any payments...
- § 66-123 Prohibited practices
(a) No person shall sell any prepaid entertainment contract or contracts which, when taken together with all other contracts in force between the parties have...
- § 66-124 Bond or escrow account required
(a) Prior to the sale of any prepaid entertainment contract for services which are available on the day of sale, the seller shall purchase a...
- § 66-124.1 Record keeping; provision of records to the Attorney General
(a) Any person or business bonded under this Article shall maintain accurate records of the bond and of premium payments on it. These records shall...
- § 66-125 Remedies
(a) Any buyer injured by any violation of this Article may bring an action for recovery of damages, including reasonable attorney's fees. (b) The remedies...
- § 66-126 through 66-130 Reserved for future codification purposes
Article 22 - Discount Buying Clubs.
- § 66-131 Definition
For the purpose of this Article, a "discount buying club" is any person, firm or corporation, which in exchange for any valuable consideration offers to...
- § 66-132 Contracts to be in writing
(a) Every contract between a discount buying club and its customers shall be in writing, fully completed, dated and signed by all contracting parties. A...
- § 66-133 Customer's right to cancel
(a) In addition to any other right to revoke an offer or cancel a sale or contract, the customer has the right to cancel a...
- § 66-134 Prohibited acts
Discount buying clubs shall not: (1) Represent to any potential customer that his opportunity to join is limited in time or that his delay in...
- § 66-135 Bond and trust account required
(a) Every discount buying club shall obtain and maintain a bond from a surety company licensed to do business in North Carolina. Such bond shall...
- § 66-136 Remedies
(a) Any person injured by a violation of this Article, or breach of any obligation created by this Article or contract subject thereto, may bring...
- § 66-137 Taxes
Discount buying clubs must pay North Carolina sales taxes and other applicable North Carolina taxes. (1989, c. 495, s. 4.)
- § 66-138 through 66-141 Reserved for future codification purposes
Article 23 - Rental Referral Agencies.
- § 66-142 Definition
For the purposes of this Article, a "rental referral agency" is a person or business which offers to assist any person in locating residential rental...
- § 66-143 Fees and deposits
(a) A rental referral agency shall not charge or attempt to collect any fees or other consideration from any prospective tenant except where rental housing...
- § 66-144 Representations of availability
(a) A rental referral agency shall not make any representation that any property is available for rent unless availability has been verified by the agency...
- § 66-145 Bond or trust account required
(a) Every rental referral agency before beginning business shall establish a trust account with a licensed and insured bank or savings institution located in the...
- § 66-146 Remedies
(a) Any person injured by a violation of this Article, or breach of any obligation created by this Article or contract subject thereto, may bring...
- § 66-147 through 66-151 Reserved for future codification purposes
Article 24 - Trade Secrets Protection Act.
- § 66-152 Definitions
As used in this Article, unless the context requires otherwise: (1) "Misappropriation" means acquisition, disclosure, or use of a trade secret of another without express...
- § 66-153 Action for misappropriation
The owner of a trade secret shall have remedy by civil action for misappropriation of his trade secret. (1981, c. 890, s. 1.)
- § 66-154 Remedies
(a) Except as provided herein, actual or threatened misappropriation of a trade secret may be preliminarily enjoined during the pendency of the action and shall...
- § 66-155 Burden of proof
Misappropriation of a trade secret is prima facie established by the introduction of substantial evidence that the person against whom relief is sought both: (1)...
- § 66-156 Preservation of secrecy
In an action under this Article, a court shall protect an alleged trade secret by reasonable steps which may include granting protective orders in connection...
- § 66-157 Statute of limitations
An action for misappropriation of a trade secret must be commenced within three years after the misappropriation complained of is or reasonably should have been...
- § 66-158 through 66-162 Reserved for future codification purposes
Article 25 - Regulation of Precious Metal Businesses.
- § 66-163 Legislative finding
The General Assembly finds and declares that precious metal businesses in North Carolina vitally affect the general economy of the State and the public interest...
- § 66-164 Definitions
Unless the context clearly indicates otherwise, the following words and phrases shall have the following meanings: (1) "Dealer" means a person who engages in the...
- § 66-165 Permits required
(a) Except as provided in subsection (c), it shall be unlawful for any person to engage as a dealer in the business of purchasing precious...
- § 66-166 Exemption from permits
Any merchant claiming an exemption from the requirements of G.S. 66‑165, 66‑168, and 66‑170 due to the percentage of his total business which constitutes precious...
- § 66-167 Perjury; punishment
Any person who shall willfully commit perjury in any application for a permit or exemption filed pursuant to this Article shall be guilty of a...
- § 66-168 Bond or trust account required
Before any permit shall be issued to a dealer pursuant to G.S. 66‑165, the dealer shall execute a satisfactory cash or surety bond or establish...
- § 66-169 Records to be kept
Every dealer to whom a permit has been issued pursuant to G.S. 66‑165 shall maintain a tightly bound book or books (not loose‑leaf), with pages...
- § 66-170 Items not to be modified
No item included in a dealer purchase shall be sold, traded or otherwise disposed of, melted, cut or otherwise changed in form nor shall any...
- § 66-171 Purchasing from juvenile
No dealer or employee or agent thereof shall purchase from any juvenile under 18 years of age any article made, in whole or in part,...
- § 66-172 Penalties
Any dealer who violates the provisions of this Article shall be deemed guilty of a Class 2 misdemeanor. In addition any dealer so convicted shall...
- § 66-173 Portable smelters prohibited
It shall be unlawful for any person to possess or operate a smelter in any mobile home, trailer, camper, or other vehicle or structure not...
- § 66-174 through 66-179 Reserved for future codification purposes
Article 26 - Farm Machinery Agreements.
- § 66-180 Definitions
As used in this Article, unless the context requires otherwise: (1) "Agreement" means a written or oral contract or agreement between a dealer and a...
- § 66-181 Usage of trade
The terms "utility" and "industrial," when used to refer to equipment, implements, machinery, attachments, or repair parts, shall have the meaning commonly used and understood...
- § 66-182 Notice of termination of agreements
(a) Notwithstanding any agreement to the contrary, a supplier who terminates or otherwise fails to renew or substantially changes the competitive circumstances of an agreement...
- § 66-183 Supplier's duty to repurchase
(a) Whenever a dealer enters into an agreement evidenced by a written or oral contract in which the dealer agrees to maintain an inventory, and...
- § 66-184 Repurchase terms
(a) The supplier shall repurchase from the dealer within 90 days after termination of the agreement all inventory previously purchased from the supplier that remains...
- § 66-185 Exceptions to repurchase requirement
This Article does not require the repurchase from a dealer of: (1) A repair part with a limited storage life or otherwise subject to deterioration,...
- § 66-186 Uniform commercial practice
(a) This Article does not affect a security interest of the supplier in the inventory of the dealer. (b) Repealed by Session Laws 2004‑190, s....
- § 66-187 Warranty obligations
(a) Whenever a supplier and a dealer enter into an agreement, the supplier shall pay any warranty claim made by the dealer for warranty parts...
- § 66-187.1 Prohibited acts
No supplier shall do any of the following: (1) Coerce any dealer to accept delivery of equipment, parts, or accessories which the dealer has not...
- § 66-188 Failure to repurchase; civil remedy
(a) If a supplier fails or refuses to repurchase any inventory covered under the provisions of this Article within the time periods established in G.S....
- § 66-189 Reserved for future codification purposes
Article 27 - Sales Representative Commissions.
- § 66-190 Definitions
The following definitions apply in this Article: (1) "Commission" means compensation accruing to a sales representative for payment by a principal, the rate of which...
- § 66-190.1 Written contracts
The agreement or contract between a sales representative and a principal shall be in writing. The absence of a written agreement or contract shall not...
- § 66-191 Payment of commissions; termination
When a contract between a sales representative and a principal is terminated for any reason other than malfeasance on the part of the sales representative,...
- § 66-192 Civil liability
(a) A principal who fails to comply with the provisions of G.S. 66‑191 or is shown to have wrongfully revoked an offer of commission under...
- § 66-192.1 Revocable offers of commission; entitlement
If a principal makes a revocable offer of a commission to a sales representative, the sales representative is entitled to the commission agreed upon if:...
- § 66-193 Contracts void
A provision in any contract between a sales representative and a principal purporting to waive any provision of this Article, whether by expressed waiver or...
- § 66-194 through 66-199 Reserved for future codification purposes
Article 28 - Rental Car Advertising and Sales Practices.
- § 66-200 Scope
This Article applies to all persons renting vehicles from locations within this State. (1989, c. 631, s. 2, c. 770, s. 62.)
- § 66-201 Definitions
As used in this Article: (1) "Collision damage waiver" means any contract or contractual provision, whether separate from or a part of a rental agreement,...
- § 66-202 Rental car advertising
(a) Except as set forth in subsections (d) and (e) of this section and G.S. 66‑204(a), a rental car company shall only advertise and charge...
- § 66-203 Prohibited charges
(a) No rental car company may charge, in addition to the rental rate, taxes, airport charges and fees, if any, vehicle license and registration fees,...
- § 66-204 Permitted charges
(a) In addition to the rental rate, taxes, airport charges and fees, if any, vehicle license and registration fees, if any, and mileage charge, if...
- § 66-205 Agent licenses required
No employee or other representative of a rental car company shall solicit or sell any kind of insurance in connection with a rental agreement unless...
- § 66-206 Effects of violations
Any violation of the provisions of this Article constitutes an unfair trade practice under G.S. 75‑1.1. (1989, c. 631, s. 2, c. 770, s. 62.)
- § 66-207 Rental car companies assist in publicizing law
(a) A rental car company shall notify renters of the law requiring motorists to stop for and not pass stopped school buses that are properly...
- § 66-208 Reserved for future codification purposes
Article 29 - Invention Development Services.
- § 66-209 Definitions
As used in this Article, the following terms shall have the meanings given: (1) "Contract" or "contract for invention development services" means a contract by...
- § 66-210 Disclosures made prior to contract
In either the first written communication from the invention developer to a specific customer, or at the first personal meeting between the invention developer and...
- § 66-211 Standard provisions for cover notice
(a) A contract for invention development services must have a conspicuous and legible cover sheet attached. The cover sheet must set forth: (1) The name,...
- § 66-212 Contracting requirements
(a) Each contract for invention development services by which an invention developer undertakes invention development services for a customer is subject to this act. The...
- § 66-213 Mandatory contract terms
(a) A contract for invention development services shall set forth the information required in this section in at least 10‑point type or equivalent size if...
- § 66-214 Financial requirements
(a) Except as provided by subsection (c) of this section, each invention developer doing business in this State as defined by the North Carolina General...
- § 66-215 Remedies
(a) Any contract for invention development services that does not substantially comply with this Article is voidable at the option of the customer. A contract...
- § 66-216 Enforcement
The Attorney General shall enforce this Article and may recover a civil penalty not to exceed twenty‑five thousand dollars ($25,000) for each violation of this...
- § 66-217 through 66-219 Reserved for future codification purposes
Article 30 - Credit Repair Services Act.
- § 66-220 Short title and purpose
(a) This Article shall be known and may be cited as the Credit Repair Services Act. (b) The General Assembly recognizes that many of its...
- § 66-221 Definitions
As used in this Article, unless the context requires otherwise: (1) "Credit repair business" means any person who, with respect to the extension of credit...
- § 66-222 Bond or trust account required
Every credit repair business shall obtain a surety bond issued by a surety company authorized to do business in this State, or shall establish a...
- § 66-223 Prohibited acts
A credit repair business and its salespersons, agents, and representatives, and independent contractors who sell or attempt to sell the services of a credit repair...
- § 66-224 Contractual requirements
(a) Effective October 1, 1991, every contract between a consumer and a credit repair business for the purchase of the services of the credit repair...
- § 66-225 Violations
(a) If a credit repair business uses any untrue or misleading statements in connection with a credit repair contract, fails to fully comply with the...
- § 66-226 Scope
The provisions of this Article shall apply in all circumstances in which any party to the contract conducted any contractual activity, including but not limited...
- § 66-227 through 66-229 Reserved for future codification purposes
Article 31 - Membership Camping Act.
- § 66-230 Title
This Article shall be known and may be cited as the "Membership Camping Act". (1991 (Reg. Sess., 1992), c. 1009, s. 4.)
- § 66-231 Applicability
This Article shall apply to each membership camping contract executed at least in part in this State after January 1, 1993, regardless of the location...
- § 66-232 Definitions
For purposes of this Article the following definitions apply: (1) "Agreement" means a membership camping agreement. (2) "Blanket encumbrance" means any mortgage, deed of trust,...
- § 66-233 Administration; unlawful offer or execution of membership camping contract
(a) This Article shall be administered by the Secretary of State of North Carolina or his designee, and shall be enforced by the Attorney General...
- § 66-234 Registration of membership camping operator
(a) The application for registration shall be on a form prescribed by the Secretary of State and shall include the following: (1) The applicant's name,...
- § 66-235 Time of effect of registration
Upon receipt of the original application for registration in proper form, the Secretary of State shall, within 10 business days, issue a notice to the...
- § 66-236 Registration fees
An applicant for registration under this Article must include the fee set out in the following table with the application for registration: Application Amount Initial...
- § 66-237 Registration of salespersons
(a) It shall be unlawful for any salesperson to offer to sell any membership camping contract in this State unless he is registered with the...
- § 66-238 Membership camping operator's disclosure statement
(a) Every membership camping operator, salesperson, or other person who is in the business of offering for sale or transfer the rights under existing membership...
- § 66-239 Contract terms
(a) The membership camping operator shall deliver to the purchaser a fully executed copy of a membership camping contract in writing, which contract shall include...
- § 66-240 Cancellation
In addition to any other right to revoke an offer or cancel a sale or contract, the purchaser has the right to cancel a membership...
- § 66-241 Escrow account
(a) All purchase money received from or on behalf of a purchaser in connection with the execution of a membership camping contract shall be deposited...
- § 66-242 Advertising, solicitations
A membership camping operator shall disclose in all advertising programs which seek to induce prospective purchasers to visit the campground that the program is conducted...
- § 66-243 Provision of records to the Secretary of State
Any membership camping operator shall maintain accurate records of the escrow account. These records shall be open to inspection to the Secretary of State at...
- § 66-244 Limitation on duration of contract term
A membership camping contract shall clearly state the duration of the contract. A contract shall either have a duration of no more than 30 years...
- § 66-245 Prohibited practices
It shall be unlawful for any membership camping operator or salesperson to state or imply in attempting to sell a membership or to persuade a...
- § 66-246 Nondisturbance provisions
(a) With respect to any property in this State acquired and put into operation by a membership camping operator on or after January 1, 1993,...
- § 66-247 Remedies
(a) Any purchaser injured by any violation of this Article may bring an action for rescission and restitution or for recovery of damages and for...
- § 66-248 Reserved for future codification purposes
- § 66-249 Reserved for future codification purposes
Article 32 - Peddlers, Itinerant Merchants, and Specialty Markets.
- § 66-250 Definitions
The following definitions apply in this Article: (1) Itinerant merchant. A person, other than a merchant with an established retail store in the county, who...
- § 66-251 Itinerant merchant and peddler must have permission of property owner
An itinerant merchant or a peddler who travels from place to place by vehicle must obtain a written statement signed by the owner or lessee...
- § 66-252 Display and possession of certificate of registration
(a) When Required. A person who sells tangible personal property at a specialty market, other than the person's own household personal property, is considered a...
- § 66-253 Display of identification upon request
Upon the request of any customer, State or local revenue agent, or law enforcement agent, a peddler, an itinerant merchant, a specialty market operator, or...
- § 66-254 Records of source of new merchandise
(a) Record Required. Each peddler, itinerant merchant, and specialty market vendor must keep a written record of the source of new merchandise the merchant offers...
- § 66-254.1 Certain sales prohibited
No person who is described by G.S. 66‑250(1), (2), (5), or (6) shall sell or offer to sell any product that meets any of the...
- § 66-255 Specialty market registration list
A specialty market operator must maintain a daily registration list of all specialty market vendors selling or offering goods for sale at the specialty market....
- § 66-256 Exemptions from Article
This Article does not apply to the following: (1) A peddler or an itinerant merchant who sells only one or more of the following types...
- § 66-257 Misdemeanor violations
(a) Class 1 Misdemeanors. A person who does any of the following commits a Class 1 misdemeanor: (1) Fails to keep a record of new...
- § 66-258 Local regulation not affected
This Article does not affect the authority of a county or city to impose additional requirements on peddlers, itinerant merchants, specialty market vendors, or specialty...
- § 66-259 Reserved for future codification purposes
Article 33 - Telephonic Seller Registration And Bond Requirement.
- § 66-260 Definitions
As used in this Article, unless the context requires otherwise: (1) "Gift or prize" means any premium, bonus, award, or any other thing of value....
- § 66-261 Registration of telephonic sellers
(a) Not less than 10 days before commencing telephone solicitations in this State, a telephonic seller shall register with the Secretary by filing the information...
- § 66-262 Filing information
(a) Each filing submitted to the Secretary shall contain all of the following information: (1) The name or names, including any assumed names, under which...
- § 66-263 Bond requirement; prizes and gifts
(a) At least 10 days before the commencement of any promotion offering any gift or prize with an actual or represented market value of five...
- § 66-264 Calls made to minors
A telephonic seller must inquire as to whether the prospective purchaser it is contacting is under 18 years of age. If the prospective purchaser purports...
- § 66-265 Offers of gifts or prizes
(a) It shall be unlawful for any telephonic seller to make a telephone solicitation or attempted telephone solicitation involving any gift or prize when the...
- § 66-266 Penalties
(a) Any violation of this Article shall constitute an unfair and deceptive trade practice in violation of G.S. 75‑1.1. (b) In an action by the...
- § 66-267 through 66-269 Reserved for future codification purposes
Article 34 - Certificates of Authentication.
- § 66-270 Authority of Secretary of State to authenticate documents
The Secretary, or the Secretary's designee, may sign and issue a certificate of authentication for a document that has been executed or issued in this...
- § 66-271 Definitions
The following definitions apply in this Article: (1) Authentication. Certification of the genuineness of an official's signature, seal, or position within the State of North...
- § 66-272 Certificate of authentication
To authenticate a document, the Secretary must compare the official's seal and signature on the document with a specimen of the official's seal and signature...
- § 66-273 Prerequisites for authentication
All of the following conditions must be met before a document can be authenticated: (1) All seals and signatures must be originals. (2) All dates...
- § 66-274 Limitations on authentication
(a) The Secretary shall not issue a certificate of authentication for a document if the Secretary has cause to believe that the certificate is desired...
- § 66-275 Other methods of authentication not precluded
Nothing in this Article shall preclude or invalidate any other method that is provided by statute or common law for certifying or exemplifying the authenticity...
- § 66-276 through 66-279 Reserved for future codification purposes
Article 35 - Agreements Between North Carolina and Foreign Governments.
Article 36 - Truthful Advertisements of Costs of Servicing or Repairing Private Passenger Vehicles.
Article 37 - Tobacco Reserve Fund and Escrow Compliance.
- § 66-290 Definitions
As used in this Article: (1) "Adjusted for inflation" means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to...
- § 66-291 Requirements
(a) Any tobacco product manufacturer selling cigarettes to consumers within the State (whether directly or through a distributor, retailer, or similar intermediary or intermediaries) after...
- § 66-292 Definitions
The following definitions apply in this Part: (1) Brand family. All styles of cigarettes sold under the same trademark and differentiated from one another by...
- § 66-293 Sale of certain cigarettes prohibited
(a) Civil Penalty. It is unlawful for a person required to pay taxes pursuant to Part 2 or 3 of Article 2A of Chapter 105...
- § 66-294 Duties of manufacturers
(a) Participating Manufacturers. Unless the Office of the Attorney General provides a waiver, a participating manufacturer must submit to the Office of the Attorney General...
- § 66-294.1 Duties of Attorney General
(a) Annual Lists. The Office of the Attorney General shall prepare the following lists annually and shall make those lists available for public inspection: (1)...
Article 38 - Year 2000 Liability and Damages.
Article 39 - Self-Service Storage Rental Contracts.
- § 66-305 Contract requirements
A rental contract for the storage of personal property in a self‑service storage business shall state, in bold type of a minimum size of 14...
- § 66-306 Late fees
(a) In all rental contracts in which a definite time for the payment of the rent is fixed, the late fee for each rental unit...
- § 66-307 Violations
(a) Late fees and attorney fees are not recoverable if a self‑service storage business violates the provisions of G.S. 66‑306. (b) Any waiver of any...
- § 66-308 through 66-310 Reserved for future codification purposes
Article 40 - Uniform Electronic Transactions Act.
- § 66-311 Short title
This Article may be cited as the Uniform Electronic Transactions Act. (2000‑152, s. 1.)
- § 66-312 Definitions
As used in this Article, unless the context clearly requires otherwise, the term: (1) "Agreement" means the bargain of the parties in fact, as found...
- § 66-313 Scope
(a) Except as otherwise provided in subsections (b), (c), and (e) of this section, this Article applies to electronic records and electronic signatures relating to...
- § 66-314 Prospective application
This Article applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after the effective date of this...
- § 66-315 Use of electronic records and electronic signatures; variation by agreement
(a) This Article does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic...
- § 66-316 Construction and application
This Article must be construed and applied: (1) To facilitate electronic transactions consistent with other applicable law; (2) To be consistent with reasonable practices concerning...
- § 66-317 Legal recognition of electronic records, electronic signatures, and electronic contracts
(a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not...
- § 66-318 Provision of information in writing; presentation of records
(a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in...
- § 66-319 Attribution and effect of electronic record and electronic signature
(a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person...
- § 66-320 Effect of change or error
If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply: (1) If the...
- § 66-321 Notarization and acknowledgment
If a law requires a signature or record relating to a transaction to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied...
- § 66-322 Retention of electronic records; originals
(a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record...
- § 66-323 Admissibility in evidence
In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form. (2000‑152, s. 1.)
- § 66-324 Automated transaction
In an automated transaction, the following rules apply: (1) A contract may be formed by the interaction of electronic agents of the parties, even if...
- § 66-325 Time and place of sending and receipt
(a) Unless otherwise agreed between a sender and a recipient, which in a consumer transaction must be reasonable under the circumstances, an electronic record is...
- § 66-326 Transferable records
(a) In this section, "transferable record" means an electronic record that: (1) Would be a note under Article 3 of Chapter 25 of the General...
- § 66-327 Consumer transactions; alternative procedures for use or acceptance of electronic records or electronic signatures
(a), (b) Repealed by Session Laws 2001‑295, s. 5. (c) Consent to Electronic Records. In a consumer transaction in which a statute, regulation, or rule...
- § 66-328 Procedures consistent with federal law
Consistent with the provisions of section 7002(a) of the Electronic Signatures in the Global and National Commerce Act, 15 U.S.C 7002(a), this Article sets forth...
- § 66-329 Choice of law in computer information agreement
A choice of law provision in a computer information agreement which provides that the contract is to be interpreted pursuant to the laws of a...
- § 66-330 Severability clause
If any provision of this Article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or...
- § 66-331 through 66-339 Reserved for future codification purposes
Article 41 - Manufacturing Redevelopment Districts.
Article 42 - State Franchise for Cable Television Service.
- § 66-350 Definitions
The following definitions apply in this Article: (1) Cable service. Defined in G.S. 105‑164.3. (2) Cable system. Defined in 47 U.S.C. 522. (3) Channel. A...
- § 66-351 State franchising authority
(a) Authority. The Secretary of State is designated the exclusive franchising authority in this State for cable service provided over a cable system. This designation...
- § 66-352 Award of franchise and commencement of service
(a) Notice of Franchise. A person who intends to provide cable service over a cable system in an area must file a notice of franchise...
- § 66-353 Annual service report
A holder of a State‑issued franchise must file an annual service report with the Secretary. The report must be filed on or before July 31...
- § 66-354 General filing and report requirements
(a) General. A document filed with the Secretary under this Article must be signed by an officer or general partner of the person submitting the...
- § 66-355 Effect on existing local franchise agreement
(a) Existing Agreement. This Article does not affect an existing agreement except as follows: (1) Effective January 1, 2007, gross revenue used to calculate the...
- § 66-356 Service standards and requirements
(a) Discrimination Prohibited. A person who provides cable service over a cable system may not deny access to the service to any group of potential...
- § 66-357 Availability and use of PEG channels
(a) Application. This section applies to a person who provides cable service under a State‑issued franchise. It does not apply to a person who provides...
- § 66-358 Transmission of PEG channels
(a) Service. A cable service provider operating under a State‑issued franchise must transmit a PEG channel by one of the following methods: (1) Interconnection with...
- § 66-359 PEG channel grants
(a) PEG Channel Fund. The PEG Channel Fund is created as an interest‑bearing special revenue fund. It consists of revenue allocated to it under G.S....
- § 66-360 Service to public building
At the written request of a county or city, a cable service provider operating under a State‑issued franchise must provide cable service without charge to...
Article 43 - Service Agreements.
