Attorney David Schiller represents:
- consumers who have lost money to deceptive companies and
- companies that have been damaged by unethical and unfair business practices.
The Unfair and Deceptive Trade Practices Act protects North Carolina consumers and companies from a broad array of unscrupulous business practices. The Act states:
Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce are declared unlawful.
Elements of an Unfair and Deceptive Trade Practice
Thus, there are three primary elements of an unfair and deceptive trade practice.
1. The practice is either unfair or deceptive (or both).
2. The practice affects commerce.
3. The practice injures a person or his business.
Trade Practices that are “Unfair”
A practice is unfair if it:
1. is immoral, unethical, oppressive, unscrupulous, or substantially injurious to customer; or
2. amounts to an inequitable assertion of the party’s power or position.
Trade Practices that are “Deceptive”
An practice is deceptive if it has the tendency or capacity to mislead, or created a likelihood of deception.
Other Parameters of an Unfair and Deceptive Trade Practice
Breach of contract, in and of itself, does not constitute an unfair and deceptive trade practice. However, one does not have to provide actual fraud to establish an unfair and deceptive trade practice.
Contact Us • Statewide Representation
You may call our office at (919) 789-4677 to discuss your unfair and deceptive trade practice issue.