The North Carolina Unfair and Deceptive Trade Practices Act (UDTPA) is a powerful statute that is designed to protect consumers and businesses from unfair or deceptive acts, including false advertising, bait-and-switch tactics, and deceptive collection practices.
To state a claim under the UDTPA, a plaintiff must allege three elements:
- Unfair or deceptive act or practice: The defendant must have committed an act that is considered unfair or deceptive. A practice is deemed unfair if it offends established public policy or is immoral, unethical, oppressive, unscrupulous, or substantially injurious to consumers. It is considered deceptive if it has the capacity or tendency to deceive.
- In or affecting commerce: The act must occur in or affect commerce.
- Injury to the plaintiff: The plaintiff must have suffered an injury as a result of the unfair or deceptive act. The injury must be proximately caused by the defendant’s conduct.
The UDTPA allows for the recovery of treble damages (triple the amount of actual damages) and attorneys’ fees, if the plaintiff prevails.
If you have any questions about the UDTPA, please call Lord & Lindley, PLLC, at (704) 457-1010. For more information regarding our firm, attorneys, and practice areas, please visit our website at www.lordlindley.com.
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