Claims brought under the UDTPA allow consumers access to some of the traditional damages permitted under NC contract and torts law. For example, a breach of contract claim will often result in damages such as compensatory (to compensate a party for losses suffered due to a breach), restitution damages (designed to return the injured party back to the position he or she held before the contract), expectation damages, and reliance damages. However, the UDTPA is unique in that it also allows for treble damages.
N.C.G.S. § 75-16 authorizes and actually requires that treble damages be awarded to a plaintiff when a judgement is rendered in favor of the plaintiff. Treble damages are typically set at three times the actual damages awarded due to a UDTPA violation. The large amount of treble damages are designed more to discourage and deter future bad acts by companies rather than as a means to handsomely reward consumers. The UDTPA also allows for an award of attorney's fees to successful plaintiffs. Questions? We can help. 704-412-1442
We can help.
Our attorneys are available and prepared to speak to you regarding your potential claim, the merits of your case, and the process and procedure involved in pressing forward with litigation. Call us today, 704-412-1442.
To speak with a Charlotte civil litigation attorney regarding your unfair and deceptive trade practices claim, call us today at 704-412-1442.
Our representation on an unfair trade practice case begins with meeting you during a free initial consultation to discuss the incident leading to injury, the circumstances surrounding the actual event, and your resulting loss. We will also discuss your potential damages related to the incident, including treble damages and potentially punitive damages in extreme situations. From there, we will provide you with our opinion of the strength and merits of your case and discuss the next potential steps.
If you decide to retain us to represent your interests, we will walk you through our legal agreement, and explain what to expect moving forward. As is common in civil litigation cases, our fee may involve a "contingent" fee, which means that we only get paid if you win your case, or a hybrid consisting of a flat fee and contingent fee. After establishing the framework and terms of our agreement to work together, we will begin work on your case.
The first step involves reviewing documents, videos, photos, interviewing witnesses, and analyzing any other evidence that may be relevant to your case. We will then discuss the next potential steps with you, which will typically involve writing a demand letter and/or filing suit. Once a suit has been filed, we will continue to try to negotiate with the opposing side in order to reach an agreement that is acceptable to you based on the circumstances. We will continue to weigh the pros, cons, and potential outcomes of trial with you during this process. If we are unable to reach an acceptable agreement with the opposing side after negotiation, we will press forward with litigation and trial, zealously representing your interests along the way.
Ways we can help.
* Analyzing your facts during a free consultation to provide you an opinion on your strength of claim.
* Filing suit seeking damages on your behalf.
* Negotiating a settlement on your behalf.
* Litigating your claim at trial.
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To speak with one of our Charlotte civil attorneys regarding a UDTPA case, call us at 704-412-1442.
The unfair and deceptive trade practices act (UDTPA) provides an avenue for consumers to fight back against businesses engaging in unfair practices, including misrepresentation, fraud, and deception. The UPTPA was originally created as a consumer protection measure to provide an avenue for aggrieved customers to hold misbehaving businesses accountable. North Carolina General Statute, § 75-1.1 (part of Chapter 75) encompasses unfair trade practices. Any civil action brought under Chapter 75 to enforce the provisions thereof shall be barred unless commenced within four years after the cause of action accrues, except in very limited situations (see N.C.G.S. § 75-16.2).
Prior to bringing UDTPA claim, it is important to analyze the elements required to support a claim: there must be (1) an unfair or deceptive trade practice; (2) that was in or affecting commerce; and (3) that proximately caused injury and/or damages to the plaintiff. If you feel that you may have a claim under UDPTA, we can help. Our attorneys will discuss the details of your situation with you, give you an opinion on the merits of your case, and suggest a course of action.
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