Chapter 75 Monopolies, Trusts and Consumer Protection
Article 1 - General Provisions.
- § 75-1 Combinations in restraint of trade illegal
Every contract, combination in the form of trust or otherwise, or conspiracy in restraint of trade or commerce in the State of North Carolina is...
- § 75-1.1 Methods of competition, acts and practices regulated; legislative policy
(a) Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are declared unlawful. (b) For...
- § 75-2 Any restraint in violation of common law included
Any act, contract, combination in the form of trust, or conspiracy in restraint of trade or commerce which violates the principles of the common law...
- § 75-2.1 Monopolizing and attempting to monopolize prohibited
It is unlawful for any person to monopolize, or attempt to monopolize, or combine or conspire with any other person or persons to monopolize, any...
- § 75-3 Repealed by Session Laws 1961, c. 1153
- § 75-4 Contracts to be in writing
No contract or agreement hereafter made, limiting the rights of any person to do business anywhere in the State of North Carolina shall be enforceable...
- § 75-5 through 75-7 Repealed by Session Laws 1995 (Regular Session, 1996), c. 550, s. 2
- § 75-8 Continuous violations separate offenses
Where the things prohibited in this Chapter are continuous, then in such event, after the first violation of any of the provisions hereof, each week...
- § 75-9 Duty of Attorney General to investigate
The Attorney General of the State of North Carolina shall have power, and it shall be his duty, to investigate, from time to time, the...
- § 75-10 Power to compel examination
In performing the duty required in G.S. 75‑9, the Attorney General shall have power, at any and all times, to require the officers, agents or...
- § 75-11 Person examined exempt from prosecution
No natural person examined, as provided in G.S. 75‑10, shall be subject to indictment, criminal prosecution, criminal punishment or criminal penalty by reason of or...
- § 75-12 Refusal to furnish information; false swearing
Any corporation or person unlawfully refusing or willfully neglecting to furnish the information required by this Chapter, when it is demanded as herein provided, shall...
- § 75-13 Criminal prosecution; district attorneys to assist; expenses
The Attorney General in carrying out the provisions of this Chapter shall have a right to send bills of indictment before any grand jury in...
- § 75-14 Action to obtain mandatory order
If it shall become necessary to do so, the Attorney General may prosecute civil actions in the name of the State on relation of the...
- § 75-15 Actions prosecuted by Attorney General
It shall be the duty of the Attorney General, upon his ascertaining that the laws have been violated by any trust or public service corporation,...
- § 75-15.1 Restoration of property and cancellation of contract
In any suit instituted by the Attorney General to enjoin a practice alleged to violate G.S. 75‑1.1, the presiding judge may, upon a final determination...
- § 75-15.2 Civil penalty
In any suit instituted by the Attorney General, in which the defendant is found to have violated G.S. 75‑1.1 and the acts or practices which...
- § 75-16 Civil action by person injured; treble damages
If any person shall be injured or the business of any person, firm or corporation shall be broken up, destroyed or injured by reason of...
- § 75-16.1 Attorney fee
In any suit instituted by a person who alleges that the defendant violated G.S. 75‑1.1, the presiding judge may, in his discretion, allow a reasonable...
- § 75-16.2 Limitation of actions
Any civil action brought under this Chapter to enforce the provisions thereof shall be barred unless commenced within four years after the cause of action...
- § 75-17 Lender may not require borrower to deal with particular insurer
No person, firm, or corporation engaged in lending money on the security of real or personal property, and no trustee, director, officer, agent, employee, affiliate,...
- § 75-18 Lender may require nondiscriminatory approval of insurer
Although the lender and other persons enumerated in G.S. 75‑17 may not specify or designate as a condition precedent a particular insurance company or agent,...
- § 75-19 Violators subject to fine and injunction
The superior court, on complaint by any person that G.S. 75‑17 or G.S. 75‑18 is being violated, may issue an injunction against such violation and...
- § 75-20 Unsolicited checks to secure loans
(a) No person, firm, or corporation engaged in lending money shall deliver to a person an unsolicited check made out to the recipient that upon...
- § 75-21 through 75-26 Reserved for future codification purposes
- § 75-27 Unsolicited merchandise
Unless otherwise agreed, where unsolicited goods are delivered to a person, he has a right to refuse to accept delivery of the goods and is...
- § 75-28 Unauthorized disclosure of tax information; violation a Class 1 misdemeanor
Except in accordance with proper judicial order, or as otherwise provided by law, it shall be unlawful for any person, firm or corporation employed or...
- § 75-29 Unfair and deceptive trade names; use of term "wholesale" in advertising, etc
(a) No person, firm or corporation shall advertise the sale of its merchandise using the term "wholesale" with regard to its sale prices, except as...
- § 75-30, 75-30.1 Repealed by Session Laws 2003-411, ss. 1, 2, effective October 1, 2003, and applicable to telephone solicitations made on or after that date
- § 75-31 Work-at-home solicitations
No person, firm, association, or corporation shall advertise, represent, or imply that any person can earn money by stuffing envelopes, addressing envelopes, mailing circulars, clipping...
- § 75-32 Representation of winning a prize
No person, firm or corporation engaged in commerce shall, in connection with the sale or lease or solicitation for the sale or lease of any...
- § 75-33 Representation of eligibility to win a prize
(a) No person, firm or corporation engaged in commerce shall, in connection with the sale or lease or solicitation for sale or lease of any...
- § 75-34 Representation of being specially selected
No person, firm or corporation engaged in commerce shall represent that any other person, firm or corporation has been specially selected in connection with the...
- § 75-35 Simulation of checks and invoices
No person engaged in commerce shall in any manner issue any writing which simulates or resembles: (i) a negotiable instrument; or (ii) an invoice, unless...
- § 75-36 Certain contracts relating to toner or inkjet cartridges void and unenforceable as a matter of public policy
Any provision in any agreement or contract that prohibits the reusing, remanufacturing, or refilling of a toner or inkjet cartridge is void and unenforceable as...
- § 75-37 Declaration of State public policy
It is the public policy of this State to protect its citizens from price gouging during states of disaster. The State also realizes the difficulty...
- § 75-38 Prohibit excessive pricing during states of disaster, states of emergency, or abnormal market disruptions
(a) Upon a triggering event, it is prohibited and shall be a violation of G.S. 75‑1.1 for any person to sell or rent or offer...
- § 75-39 Conditioning services on electric service prohibited
(a) No municipality or other provider of water or sewer services may offer, or agree to provide, extend, enhance, or accelerate the provision of water...
- § 75-40 Deadline for mailing consumer rebates
(a) Any person, firm, or corporation engaged in commerce that offers a rebate shall provide the rebate to the consumer within 60 days of the...
- § 75-41 Contracts with automatic renewal clauses
(a) Any person, firm, or corporation engaged in commerce that sells, leases, or offers to sell or lease, any products or services to a consumer...
- § 75-42 Deceptive representation of geographical location in telephone directory, print advertisement, or on the Internet
(a) A person who is in the business of supplying a perishable product shall not misrepresent the geographical location of the business in the listing...
- § 75-43 Reserved for future codification purposes
- § 75-44 Reserved for future codification purposes
- § 75-45 Reserved for future codification purposes
- § 75-46 Reserved for future codification purposes
- § 75-47 Reserved for future codification purposes
- § 75-48 Reserved for future codification purposes
- § 75-49 Reserved for future codification purposes
Article 2 - Prohibited Acts by Debt Collectors.
- § 75-50 Definitions
The following words and terms as used in this Article shall be construed as follows: (1) "Consumer" means any natural person who has incurred a...
- § 75-51 Threats and coercion
No debt collector shall collect or attempt to collect any debt alleged to be due and owing from a consumer by means of any unfair...
- § 75-52 Harassment
No debt collector shall use any conduct, the natural consequence of which is to oppress, harass, or abuse any person in connection with the attempt...
- § 75-53 Unreasonable publication
No debt collector shall unreasonably publicize information regarding a consumer's debt. Such unreasonable publication includes, but is not limited to, the following: (1) Any communication...
- § 75-54 Deceptive representation
No debt collector shall collect or attempt to collect a debt or obtain information concerning a consumer by any fraudulent, deceptive or misleading representation. Such...
- § 75-55 Unconscionable means
No debt collector shall collect or attempt to collect any debt by use of any unconscionable means. Such means include, but are not limited to,...
- § 75-56 Application
The specific and general provisions of this Article shall exclusively constitute the unfair or deceptive acts or practices proscribed by G.S. 75‑1.1 in the area...
- § 75-57 through 75-59 Reserved for future codification purposes
Article 2A - Identity Theft Protection Act.
- § 75-60 Title
This Article shall be known and may be cited as the "Identity Theft Protection Act". (2005‑414, s. 1.)
- § 75-61 Definitions
The following definitions apply in this Article: (1) "Business". A sole proprietorship, partnership, corporation, association, or other group, however organized and whether or not organized...
- § 75-62 Social security number protection
(a) Except as provided in subsection (b) of this section, a business may not do any of the following: (1) Intentionally communicate or otherwise make...
- § 75-63 Security freeze
(a) A consumer may place a security freeze on the consumer's credit report by making a request in writing by certified mail to a consumer...
- § 75-64 Destruction of personal information records
(a) Any business that conducts business in North Carolina and any business that maintains or otherwise possesses personal information of a resident of North Carolina...
- § 75-65 Protection from security breaches
(a) Any business that owns or licenses personal information of residents of North Carolina or any business that conducts business in North Carolina that owns...
- § 75-66 Publication of personal information
(a) It shall be a violation of this section for any person to knowingly broadcast or publish to the public on radio, television, cable television,...
- § 75-67 Reserved for future codification purposes
- § 75-68 Reserved for future codification purposes
- § 75-69 Reserved for future codification purposes
- § 75-70 Reserved for future codification purposes
- § 75-71 Reserved for future codification purposes
- § 75-72 Reserved for future codification purposes
- § 75-73 Reserved for future codification purposes
- § 75-74 Reserved for future codification purposes
- § 75-75 Reserved for future codification purposes
- § 75-76 Reserved for future codification purposes
- § 75-77 Reserved for future codification purposes
- § 75-78 Reserved for future codification purposes
- § 75-79 Reserved for future codification purposes
Article 3 - Motor Fuel Marketing Act.
- § 75-80 Title
This Article shall be known and may be cited as the "Motor Fuel Marketing Act". (1985 (Reg. Sess., 1986), c. 972, s. 1.)
- § 75-81 Definitions
The following terms shall have the meanings ascribed to them in this section unless otherwise stated and unless the context or subject matter clearly indicates...
- § 75-82 Unlawful below-cost selling; exceptions
(a) It shall be unlawful where the intent is to injure competition for any motor fuel merchant or the affiliate of any motor fuel merchant...
- § 75-83 Unlawful inducement; civil penalty
It shall be unlawful to knowingly induce, or to knowingly attempt to induce, a violation of this Article, whether by otherwise lawful or unlawful means....
- § 75-84 Separate offenses; injunctions
Each act of establishing a price in violation of this Article shall constitute a separate offense by the seller and the civil penalty for each...
- § 75-85 Investigations by Attorney General
The Attorney General is authorized to investigate any allegation of a violation of this Article made by a motor fuel merchant or by an association...
- § 75-86 Private actions
Any person, corporation, or other business entity which is engaged in the sale of motor fuel for resale or consumption and which is directly or...
- § 75-87 Private action presumptions
(a) In any private action brought under this Article, a violation shall be presumed to have occurred if: (i) the prevailing price under G.S. 75‑81(4)(a)...
- § 75-88 Public disclosure
Any refiner or terminal supplier computing prevailing price under the provisions of G.S. 75‑81(4)(a)(i) or (ii) shall be required to publicly disclose said price. (1985...
- § 75-89 Powers and remedies supplementary
The powers and remedies provided by this Article shall be cumulative and supplementary to all powers and remedies otherwise provided by law. (1985 (Reg. Sess.,...
- § 75-90 through 75-99 Reserved for future codification purposes
Article 4 - Telephone Solicitations.
- § 75-100 Findings
The General Assembly finds all of the following: (1) The use of the telephone to market goods and services to the home is now pervasive...
- § 75-101 Definitions
The following definitions apply in this Article: (1) Affiliate. A business establishment, business, or other legal entity that wholly or substantially owns, is wholly or...
- § 75-102 Restrictions on telephone solicitations
(a) Except as provided in G.S. 75‑103, no telephone solicitor shall make a telephone solicitation to a telephone subscriber's telephone number if the telephone subscriber's...
- § 75-103 Limited exceptions
(a) G.S. 75‑102(a) does not apply to any of the following telephone solicitations that are made: (1) To any telephone subscriber with the telephone subscriber's...
- § 75-104 Restrictions on use of automatic dialing and recorded message players
(a) Except as provided in this section, no person may use an automatic dialing and recorded message player to make an unsolicited telephone call. (b)...
- § 75-105 Enforcement
(a) The Attorney General may investigate any complaints received alleging violation of this Article. If the Attorney General finds that there has been a violation...
- § 75-106 through 75-114 Reserved for future codification purposes
Article 5 - Unsolicited Facsimiles.
- § 75-115 Definitions
The following definitions apply in this Article: (1) Established business relationship. a. A relationship between a seller and a consumer based on: 1. The consumer's...
- § 75-116 Prohibition of unsolicited facsimiles; exception
(a) No person or entity, if either the person or entity or the recipient is located within the State of North Carolina, shall (i) use...
- § 75-117 Facsimiles to contain identifying material
(a) It shall be a violation of this Article for any person or entity, if either the person or entity or the recipient is located...
- § 75-118 Enforcement
(a) A person or entity who receives an unsolicited advertisement in violation of this Article may bring any of the following actions in civil court:...
