§ 75-140 – Title.
75-140. Title. This Article shall be known and may be cited as the "Abusive Patent Assertions Act." (2014-110, s. 2.1.)
§ 75-141 – Purpose.
75-141. Purpose. (a) The General Assembly finds the following: (1) North Carolina is home to a growing high-technology, knowledge-based economy. With its top-tier research universities and active technology sector, North Carolina is poised to continue its growth. To continue growing, North Carolina must attract new, small, and mid-sized technology companies. Doing so will help provide […]
§ 75-142 – Definitions.
75-142. 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 substantially owned by, or is under common ownership with another entity. (2) Demand. – A letter, e-mail, or other communication asserting or claiming that a target has […]
§ 75-120 – Definitions.
75-120. Definitions. The following definitions shall apply in this Article: (1) Repealed by Session Laws 2015-178, s. 5(a), effective October 1, 2015, and applicable to transactions entered into on or after that date. (2) Exempt transaction. – A foreclosure rescue transaction in which the transferee is any of the following: a. A member of the […]
§ 75-121 – Foreclosure rescue transactions prohibited; exceptions; violation.
75-121. Foreclosure rescue transactions prohibited; exceptions; violation. (a) It is unlawful for a person or entity other than the transferor to engage in, promise to engage in, arrange, offer, promote, solicit, assist with, or carry out a foreclosure rescue transaction for financial gain or with the expectation of financial gain, unless prior to or at […]
§ 75-122 – Remedies.
75-122. Remedies. A violation of G.S. 75-121 is an unfair trade practice under G.S. 75-1.1. A homeowner may bring an action for the recovery of damages, to void a prohibited foreclosure rescue transaction, as well as for declaratory or equitable relief for a violation of this Article. The provisions of this section shall not be […]
§ 75-103 – Limited exceptions.
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 prior express invitation or permission. (2) To any telephone subscriber with whom the telephone solicitor has an established business relationship. (3) By or on behalf of a […]
§ 75-104 – Restrictions on use of automatic dialing and recorded message players.
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) Notwithstanding subsection (a) of this section, a person may use an automatic dialing and recorded message player to make […]
§ 75-105 – Enforcement.
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 of this Article, the Attorney General may bring an action to impose civil penalties and to seek any other appropriate relief pursuant to this Chapter, including equitable relief […]
§ 75-115 – Definitions.
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 purchase, rental, or lease of the seller’s goods or services or a financial transaction between the consumer and the seller or one or more of its affiliates […]