§ 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 The following definitions shall apply in this Article: (1) Repealed by Session Laws 2015-178, s. 5(a), effective October 1, 2015, and applicable to transactions entered into on or after that date.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 […]
§ 75-102 – Restrictions on telephone solicitations.
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 telephone number appears in the latest edition of the "Do Not Call" Registry. (b) No telephone solicitor shall make a telephone solicitation to a telephone […]
§ 75-84 – Separate offenses; injunctions.
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 offense shall be not more than one thousand dollars ($1,000). Upon a proper showing by the Attorney General or his delegate, further violations may be temporarily […]
§ 75-85 – Investigations by Attorney General.
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 or group of motor fuel merchants. If an investigation discloses a violation, the Attorney General may exercise the authority under this Article to seek an […]
§ 75-86 – Private actions.
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 indirectly injured by a violation of this Article may bring an action in the district court district as defined in G.S. 7A-133 or superior court district or […]
§ 75-87 – Private action presumptions.
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) for any grade, brand or blend of a motor fuel sold by a refiner or terminal supplier to a wholesaler or retailer is greater than the […]
§ 75-88 – Public disclosure.
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 (Reg. Sess., 1986), c. 972, s. 1.)
§ 75-89 – Powers and remedies supplementary.
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., 1986), c. 972, s. 1.)