1969 - North Carolina “Mini-Federal Trade Commission” Act

Policy Name: North Carolina “Mini-Federal Trade Commission” Act

Date: Enacted 1969; last revised 2019

Code Location: Chapter 75 of North Carolina General Statutes: Monopolies, Trust, and Consumer Protection. (N.C. G.S. §75.)

 Summary:

Chapter 75 of the North Carolina General Statutes is another important piece of legislation within North Carolina’s consumer protection regime, and is based on the structure of federal anti-deception law enshrined in the Federal Trade Commission Act. Many of North Carolina’s consumer protection laws, such as the North Carolina Predatory Lending Law, reference this statute in order to identify malpractice or determine punitive measures. In 2010, the legislature added Article 5A to Chapter 75, which outlawed home foreclosure rescue scams in North Carolina.

The statute outlines a three-step process for taking legal action against unfair and deceptive trade practices: (1) determine if the case in question is in or affecting commerce; (2) determine if the practice is unfair or deceptive; (3) and rule on the injury of the claimant. The North Carolina Attorney General may raise a civil claim or criminal charge under this statute against buyers or sellers.