reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 75 - Monopolies, Trusts and Consumer Protection › Article 1 - General Provisions. › § 75-19 - Violators subject to fine and injunction.

§ 75-19. Violators subject to fine and injunction.
The superior court, on complaint by any person that G.S. 75-17 or G.S. 75-18 is being violated, may issue an injunction against such violation and may fine all persons, firms, corporations, and officers, directors, trustees, agents, employees, or affiliates of such up to two thousand dollars ($2,000) per person for such violation. In event of a disregard of such injunction or other court order, the superior court shall hold such parties in contempt and prescribe such further penalties as the court in its discretion shall so determine. The clear proceeds of fines provided for in this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. (1969, c. 1032, s. 3; 1998-215, s. 100.)
2023 North Carolina General Statutes › Chapter 75 - Monopolies, Trusts and Consumer Protection › Article 1 - General Provisions. › § 75-27 - Unsolicited merchandise.

§ 75-27. Unsolicited merchandise.
Unless otherwise agreed, where unsolicited goods are delivered to a person, he has a right to refuse to accept delivery of the goods and is not bound to return such goods to the sender. If such unsolicited goods are addressed to and intended for the recipient, they shall be deemed a gift to the recipient, who may use them or dispose of them in any manner without any obligation to the sender. (1969, c. 70, s. 1; 1977, c. 498.)
2023 North Carolina General Statutes › Chapter 75 - Monopolies, Trusts and Consumer Protection › Article 1 - General Provisions. › § 75-28 - Unauthorized disclosure of tax information; violation a Class 1 misdemeanor.

§ 75-28. Unauthorized disclosure of tax information; violation a Class 1 misdemeanor.
Except in accordance with proper judicial order, or as otherwise provided by law, it shall be unlawful for any person, firm or corporation employed or engaged to prepare, or who or which prepares or undertakes to prepare, for any other person or taxpayer any tax form, report or return, to disclose, divulge or make known in any manner or use for any purpose or in any manner other than in the preparation of such form, report or return, without the express consent of the taxpayer or person for whom the form or return is prepared, the name or address of the taxpayer or such other person, the amount of income, income tax or other taxes, or any other information shown on or included in such form, report or return, or any information which may be or may have been furnished by the taxpayer or such other person to the preparer of such form, report or return or to the person, firm or corporation so employed or engaged.
Nothing in this section shall be construed to prohibit the examination of any person, books, papers, records or other data in accordance with the authority provided in G.S. 105-258.
Any person, firm or corporation, or any officer, agent, clerk, employee, or former officer or employee, of any firm or corporation engaged or formerly engaged in the preparation of tax forms, reports or returns for others, whether acting for himself or as agent for such corporation, who or which shall violate the provisions of this section shall be guilty of a Class 1 misdemeanor. (1971, c. 231; 1993, c. 485, s. 32, c. 539, s. 561; 1994, Ex. Sess., c. 14, s. 43, c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 75 - Monopolies, Trusts and Consumer Protection › Article 1 - General Provisions. › § 75-29 - Unfair and deceptive trade names; use of term "wholesale" in advertising, etc.

§ 75-29. Unfair and deceptive trade names; use of term "wholesale" in advertising, etc.
(a) No person, firm or corporation shall advertise the sale of its merchandise using the term "wholesale" with regard to its sale prices, except as such word may appear in the company or firm name, unless such advertised sale or sales is, or are, to a customer or customers having a certificate of resale issued pursuant to G.S. 105-164.28 and recorded as required by G.S. 105-164.25 or unless the wholesale price is established by an independent agency not engaged in the manufacture, distribution or sale of such merchandise.
No person, firm or corporation shall utilize in any commercial transaction a company or firm name which contains the word "wholesale" unless such person, firm or corporation is engaged principally in sales at wholesale as defined in G.S. 105-164.3. For the purposes of determining whether sales are made principally at wholesale or retail, all sales to employees of any such person, firm or corporation, all sales to organizations subject to refunds pursuant to G.S. 105-164.14 through G.S. 105-164.14B and all exempt sales pursuant to G.S. 105-164.13 shall be considered sales at wholesale. Sales of merchandise for delivery by the seller to the purchaser at a location other than the seller's place of business shall be considered sales at wholesale for the purposes of this section.
(b) The violation of any provision of this section shall be considered an unfair trade practice, as prohibited by G.S. 75-1.1.
(c) This section shall not apply to the sales of farm products, fertilizers, insecticides, pesticides or petroleum. (1973, c. 1392, ss. 1, 2; 2010-166, s. 3.1.)
2023 North Carolina General Statutes › Chapter 75 - Monopolies, Trusts and Consumer Protection › Article 1 - General Provisions. › § 75-31 - Work-at-home solicitations.

§ 75-31. Work-at-home solicitations.
No person, firm, association, or corporation shall advertise, represent, or imply that any person can earn money by stuffing envelopes, addressing envelopes, mailing circulars, clipping newspaper and magazine articles, or performing similar work, unless the person, firm, association or corporation making the advertisement or representation:
(1) Actually pays a wage, salary, set fee, or commission to others for performing the represented tasks; and
(2) At no time requires the person who will perform the represented tasks to purchase from or make a deposit to the solicitor on any instructional booklets, brochures, kits, programs or similar information materials, mailing lists, directories, memberships in cooperative associations, or other items or services. (1979, c. 724, s. 1.)
2023 North Carolina General Statutes › Chapter 75 - Monopolies, Trusts and Consumer Protection › Article 1 - General Provisions. › § 75-32 - Representation of winning a prize.

§ 75-32. Representation of winning a prize.
No person, firm or corporation engaged in commerce shall, in connection with the sale or lease or solicitation for the sale or lease of any goods, property, or service, represent that any other person, firm or corporation has won anything of value or is the winner of any contest, unless all of the following conditions are met:
(1) The recipient of the prize must have been selected by a method in which no more than ten percent (10%) of the names considered are selected as winners of any prize;
(2) The recipient of the prize must be given the prize without any obligation; and
(3) The prize must be delivered to the recipient at no expense to him, within 10 days of the representation.
The use of any language that has a tendency to lead a reasonable person to believe he has won a contest or anything of value, including but not limited to "congratulations," and "you are entitled to receive," shall be considered a representation of the type governed by this section. (1979, c. 879, s. 1.)
2023 North Carolina General Statutes › Chapter 75 - Monopolies, Trusts and Consumer Protection › Article 1 - General Provisions. › § 75-33 - Representation of eligibility to win a prize.

§ 75-33. Representation of eligibility to win a prize.
(a) No person, firm or corporation engaged in commerce shall, in connection with the sale or lease or solicitation for sale or lease of any goods, property or service, represent that another person, firm, and/or corporation has a chance to receive any prize or item of value without clearly disclosing on whose behalf the contest or promotion is conducted, and all material conditions which a participant must meet. Additionally, each of the following must be clearly and prominently disclosed immediately adjacent to the description of the item or prize to which it relates:
(1) The actual retail value of each item or prize (the price at which substantial sales of the item were made in the area within the last 90 days, or if no substantial sales were made, the actual cost of the item or prize to the person on whose behalf the contest or promotion is conducted);
(2) The actual number of each item or prize to be awarded;
(3) The odds of receiving each item or prize.
It shall be unlawful to make any representation of the type governed by this section, if it has already been determined which items will be given to the person to whom the representation is made.
(b) The provisions of this section shall not apply where (i) all that is asked of participants is that they complete and mail, or deposit at a local retail commercial establishment, an entry blank obtainable locally or by mail, or call in their entry by telephone, and (ii) at no time are participants asked to listen to a sales presentation.
(c) To the extent that representations of the type governed by this section are broadcast by radio or television or carried by cable-television, the required disclosures need not be made, if the required information is made available to interested persons on request without charge or cost to them.
(d) Nothing in this section shall create any liability for acts by the publisher, owner, agent or employee of a newspaper, periodical, radio station, television station, cable-television system or other advertising medium arising out of the publication or dissemination of any advertisement or promotion governed by this section, when the publisher, owner, agent or employee did not know that the advertisement or promotion violated the requirements of this section. (1979, c. 879, s. 1; 1981, c. 806; 1983, c. 721, s. 3.)
2023 North Carolina General Statutes › Chapter 75 - Monopolies, Trusts and Consumer Protection › Article 1 - General Provisions. › § 75-34 - Representation of being specially selected.

§ 75-34. Representation of being specially selected.
No person, firm or corporation engaged in commerce shall represent that any other person, firm or corporation has been specially selected in connection with the sale or lease or solicitation for sale or lease of any goods, property, or service, unless all of the following conditions are met:
(1) The selection process is designed to reach a particular type or particular types of person, firm or corporation;
(2) The selection process uses a source other than telephone directories, city directories, tax listings, voter registration records, purchased mailing lists, or similar common sources of names;
(3) No more than ten percent (10%) of those considered are selected.
The use of any language that has a tendency to lead a reasonable person to believe he has been specially selected, including but not limited to "carefully selected" and "you have been chosen," shall be considered a representation of the type governed by this selection [section]. (1979, c. 879, s. 1.)
2023 North Carolina General Statutes › Chapter 75 - Monopolies, Trusts and Consumer Protection › Article 1 - General Provisions. › § 75-35 - Simulation of checks and invoices.

§ 75-35. Simulation of checks and invoices.
No person engaged in commerce shall in any manner issue any writing which simulates or resembles: (i) a negotiable instrument; or (ii) an invoice, unless the intended recipient has actually contracted for goods, property, or services for which the issuer seeks proper payment. (1979, c. 879, s. 1.)
2023 North Carolina General Statutes › Chapter 75 - Monopolies, Trusts and Consumer Protection › Article 1 - General Provisions. › § 75-36 - Certain contracts relating to toner or inkjet cartridges void and unenforceable as a matter of public policy.

§ 75-36. Certain contracts relating to toner or inkjet cartridges void and unenforceable as a matter of public policy.
Any provision in any agreement or contract that prohibits the reusing, remanufacturing, or refilling of a toner or inkjet cartridge is void and unenforceable as a matter of public policy. Nothing in this section shall prevent any maintenance contract that warrants the performance of equipment under the contract from requiring the use of new or specified toner or inkjet cartridges in the equipment under contract. (2003-386, s. 1.)
2023 North Carolina General Statutes › Chapter 75 - Monopolies, Trusts and Consumer Protection › Article 1 - General Provisions. › § 75-37 - Declaration of State public policy.

§ 75-37. Declaration of State public policy.
It is the public policy of this State to protect its citizens from price gouging during states of disaster. The State also realizes the difficulty in regulating prices while not defeating the ability of the market in goods and services from bringing supply back in balance with demand and not defeating the function of price in allocating scarce resources. (2003-412, s. 1.)
2023 North Carolina General Statutes › Chapter 75 - Monopolies, Trusts and Consumer Protection › Article 1 - General Provisions. › § 75-39 - Conditioning services on electric service prohibited.

§ 75-39. Conditioning services on electric service prohibited.
(a) No municipality or other provider of water or sewer services may offer, or agree to provide, extend, enhance, or accelerate the provision of water or sewer services, or facilities or other municipal services or facilities, to any person in consideration of that person or another person agreeing to receive electric service from the municipality or another electric supplier.
(b) No municipality or other provider of water or sewer services may refuse to provide, or threaten or act to deny, delay, or terminate the provision of, water or sewer services or facilities, or other municipal services or facilities, to any person as a result of, or in an attempt to influence, the choice of an electric supplier by that person or another person.
(c) A violation of this section by any municipality or other provider of water or sewer services shall constitute an unfair method of competition and an unfair act or practice under G.S. 75-1.1. (2005-150, s. 1.)
2023 North Carolina General Statutes › Chapter 75 - Monopolies, Trusts and Consumer Protection › Article 1 - General Provisions. › § 75-40 - Deadline for mailing consumer rebates.

§ 75-40. Deadline for mailing consumer rebates.
(a) Any person, firm, or corporation engaged in commerce that offers a rebate shall provide the rebate to the consumer within 60 days of the date of receipt by the person, firm, or corporation of the completed rebate form submitted by the consumer. If the rebate claim is submitted electronically, the rebate shall be provided to the consumer within 60 days of the date upon which the claim is submitted. However, a person, firm, or corporation shall not be responsible for delays in providing rebates to consumers caused by conditions beyond their reasonable control including, but not limited to, natural disasters, wars, terrorist acts, and states of emergency. As used in this section, the following apply:
(1) The term "rebate" means the return of a portion of the purchase price paid by a consumer for goods or services that is conditioned upon the consumer submitting a request for redemption after satisfying the terms and conditions of the offer.
(2) The term "rebate" shall not include any refund that may be given to a consumer in accordance with a company's frequent shopper customer rewards program.
(3) The term "consumer" does not apply to those individuals who are eligible for rebates as result of their eligibility under Medicaid.
(b) Rebate forms shall include the telephone number or e-mail address of the person, firm, or corporation that is offering the rebate. Rebate forms shall also include all of the following conspicuously printed on the rebate form:
(1) The terms of the rebate.
(2) Requirements for a valid claim, including any additional information to be submitted with the rebate form.
(3) The expiration date of the rebate offer, if applicable.
(c) A rebate offer shall provide a period of at least 30 days during which the consumer may submit the rebate form. The time period allowed for submission shall begin as soon as reasonably possible, but no later than six months, after the date of purchase.
(d) Nothing in this section shall apply to a rebate offer of five dollars ($5.00) or less.
(e) Nothing in this section shall be construed to create liability on the part of a retailer for a rebate offered by a manufacturer or liability on the part of a manufacturer for a rebate offered by a retailer.
(f) A violation of this section is an unfair trade practice under G.S. 75-1.1 and is subject to all of the enforcement and penalty provisions of an unfair trade practice under this Article. (2007-170, s. 1.)
2023 North Carolina General Statutes › Chapter 75 - Monopolies, Trusts and Consumer Protection › Article 1 - General Provisions. › § 75-43 - Solicitation of a fee for copy of recorded documents.

§ 75-43. Solicitation of a fee for copy of recorded documents.
(a) Any person, firm, or corporation soliciting a fee in exchange for providing a copy of a record available at the register of deeds office shall state on the top of the document used for the solicitation, in conspicuous type, all of the following:
(1) That the solicitation is not from a State agency or a local unit of government.
(2) That no action is legally required by the person being solicited.
(3) The fee for obtaining a copy of the record directly from the register of deeds that has custody of the record.
(4) The information necessary to contact the register of deeds that has custody of the record.
(5) The name and physical address of the person, firm, or corporation soliciting the fee.
(b) A document used for a solicitation governed by this section shall not contain deadline dates or be in a form or contain language designed to make the document appear to be issued by a State agency or local unit of government or to appear to impose a legal duty on the person being solicited.
(c) A person, firm, or corporation soliciting a fee in exchange for providing a copy of a record may not charge a fee that is greater than four times the amount the register of deeds with custody of the record would charge for a copy of the same record.
(d) A violation of this section constitutes an unfair trade practice under G.S. 75-1.1 and is subject to all of the enforcement and penalty provisions under this Article.
(e) For the purposes of this section, the term "solicit" means to advertise or market to a nonbusiness entity with whom the solicitor has no preexisting business relationship. (2018-80, s. 3.1.)
2023 North Carolina General Statutes › Chapter 75 - Monopolies, Trusts and Consumer Protection › Article 2 - Prohibited Acts by Debt Collectors. › § 75-50 - Definitions.

§ 75-50. Definitions.
The following words and terms as used in this Article shall be construed as follows:
(1) "Consumer" means any natural person who has incurred a debt or alleged debt for personal, family, household or agricultural purposes.
(2) "Debt" means any obligation owed or due or alleged to be owed or due from a consumer.
(3) "Debt collector" means any person engaging, directly or indirectly, in debt collection from a consumer except those persons subject to the provisions of Article 70, Chapter 58 of the General Statutes.
(4) "Location information" means information about a consumer's place of abode, any telephone numbers used by the consumer, and information about the consumer's place of employment. (1977, c. 747, s. 4; 1989, c. 770, s. 15; 2015-177, s. 1.)
2023 North Carolina General Statutes › Chapter 75 - Monopolies, Trusts and Consumer Protection › Article 2 - Prohibited Acts by Debt Collectors. › § 75-51 - Threats and coercion.

§ 75-51. Threats and coercion.
No debt collector shall collect or attempt to collect any debt alleged to be due and owing from a consumer by means of any unfair threat, coercion, or attempt to coerce. Such unfair acts include, but are not limited to, the following:
(1) Using or threatening to use violence or any illegal means to cause harm to the person, reputation or property of any person.
(2) Falsely accusing or threatening to accuse any person of fraud or any crime, or of any conduct that would tend to cause disgrace, contempt or ridicule.
(3) Making or threatening to make false accusations to another person, including any credit reporting agency, that a consumer has not paid, or has willfully refused to pay a just debt.
(4) Threatening to sell or assign, or to refer to another for collection, the debt of the consumer with an attending representation that the result of such sale, assignment or reference would be that the consumer would lose any defense to the debt or would be subjected to harsh, vindictive, or abusive collection attempts.
(5) Representing that nonpayment of an alleged debt may result in the arrest of any person.
(6) Representing that nonpayment of an alleged debt may result in the seizure, garnishment, attachment, or sale of any property or wages unless such action is in fact contemplated by the debt collector and permitted by law.
(7) Threatening to take any action not in fact taken in the usual course of business, unless it can be shown that such threatened action was actually intended to be taken in the particular case in which the threat was made.
(8) Threatening to take any action not permitted by law. (1977, c. 747, s. 4.)
2023 North Carolina General Statutes › Chapter 75 - Monopolies, Trusts and Consumer Protection › Article 2 - Prohibited Acts by Debt Collectors. › § 75-52 - Harassment.

§ 75-52. Harassment.
No debt collector shall use any conduct, the natural consequence of which is to oppress, harass, or abuse any person in connection with the attempt to collect any debt. Such unfair acts include, but are not limited to, the following:
(1) Using profane or obscene language, or language that would ordinarily abuse the typical hearer or reader.
(2) Placing collect telephone calls or sending collect telegrams unless the caller fully identifies himself and the company he represents.
(3) Causing a telephone to ring or engaging any person in telephone conversation with such frequency as to be unreasonable or to constitute a harassment to the person under the circumstances or at times known to be times other than normal waking hours of the person.
(4) Placing telephone calls or attempting to communicate with any person, contrary to his instructions, at his place of employment, unless the debt collector does not have a telephone number where the consumer can be reached during the consumer's nonworking hours. (1977, c. 747, s. 4.)
2023 North Carolina General Statutes › Chapter 75 - Monopolies, Trusts and Consumer Protection › Article 2 - Prohibited Acts by Debt Collectors. › § 75-53 - Unreasonable publication.

§ 75-53. Unreasonable publication.
No debt collector shall unreasonably publicize information regarding a consumer's debt. Such unreasonable publication includes, but is not limited to, the following:
(1) Any communication with any person other than the debtor or his attorney, except:
a. To designated third parties with the written permission of the debtor or his attorney.
b. To persons employed by the debt collector, to a credit reporting agency, to a person or business employed to collect the debt on behalf of the creditor, or to a person who makes a legitimate request for the information.
c. To the spouse (or one who stands in place of the spouse) of the debtor, or to the parent or guardian of the debtor if the debtor is a minor and lives in the same household with such parent. If the debt collector has a good faith belief that the exception set forth in this sub-subdivision applies to a particular communication, that communication shall not be a violation of this sub-subdivision.
d. For the sole purpose of obtaining location information about the debtor, if no indication of indebtedness is made. A debt collector making a communication under this sub-subdivision shall:
1. Identify himself or herself, state that he or she is attempting to confirm or correct location information about the debtor, and, only if expressly requested to do so, identify his or her employer.
2. Not state that the debtor owes a debt.
3. Not communicate with any particular person more than once per week or a total of three times during any 30-day period unless requested to do so by the person.
e. Through legal process.
(2) Using any form of communication which ordinarily would be seen or heard by any person other than the consumer that displays or conveys any information about the alleged debt other than the name, address and phone number of the debt collector except as otherwise provided in this Article.
(3) Disclosing any information relating to a consumer's debt by publishing or posting any list of consumers, except for credit reporting purposes and the publication and distribution of otherwise permissible "stop lists" to the point-of-sale locations where credit is extended, or by advertising for sale any claim to enforce payment thereof or in any other manner other than through legal process. (1977, c. 747, s. 4; 1979, c. 910; 2015-177, s. 2.)
2023 North Carolina General Statutes › Chapter 75 - Monopolies, Trusts and Consumer Protection › Article 2 - Prohibited Acts by Debt Collectors. › § 75-54 - Deceptive representation.

§ 75-54. Deceptive representation.
No debt collector shall collect or attempt to collect a debt or obtain information concerning a consumer by any fraudulent, deceptive or misleading representation. Such representations include, but are not limited to, the following:
(1) Communicating with the consumer other than in the name (or unique pseudonym) of the debt collector and the person or business on whose behalf the debt collector is acting or to whom the debt is owed.
(2) Failing to disclose in all communications attempting to collect a debt that the purpose of such communication is to collect a debt, unless the communication is made to a third-party pursuant to G.S. 75-53 for the purpose of obtaining location information about the debtor.
(3) Falsely representing that the debt collector has in his possession information or something of value for the consumer.
(4) Falsely representing the character, extent, or amount of a debt against a consumer or of its status in any legal proceeding; falsely representing that the collector is in any way connected with any agency of the federal, State or local government; or falsely representing the creditor's rights or intentions.
(5) Using or distributing or selling any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by a court, an official, or any other legally constituted or authorized authority, or which creates a false impression about its source.
(6) Falsely representing that an existing obligation of the consumer may be increased by the addition of attorney's fees, investigation fees, service fees, or any other fees or charges.
(7) Falsely representing the status or true nature of the services rendered by the debt collector or his business.
(8) Communicating with the consumer in violation of the provisions of G.S. 62-159.1(a), 153A-277(b1), or 160A-314(b1). (1977, c. 747, s. 4; 2009-302, s. 5; 2015-177, s. 3.)
2023 North Carolina General Statutes › Chapter 75 - Monopolies, Trusts and Consumer Protection › Article 2 - Prohibited Acts by Debt Collectors. › § 75-55 - Unconscionable means.

§ 75-55. Unconscionable means.
No debt collector shall collect or attempt to collect any debt by use of any unconscionable means. Such means include, but are not limited to, the following:
(1) Seeking or obtaining any written statement or acknowledgment in any form containing an affirmation of any debt by a consumer who has been declared bankrupt, an acknowledgment of any debt barred by the statute of limitations, or a waiver of any legal rights of the debtor without disclosing the nature and consequences of such affirmation or waiver and the fact that the consumer is not legally obligated to make such affirmation or waiver.
(2) Collecting or attempting to collect from the consumer all or any part of the debt collector's fee or charge for services rendered, collecting or attempting to collect any interest or other charge, fee or expense incidental to the principal debt unless legally entitled to such fee or charge. Nothing in this section shall be construed to prohibit the collection of filing fees, service of process fees, or other court costs actually incurred. The collection of such fees is not a violation of this Article or of Article 15 of Chapter 53 of the General Statutes.
(3) Communicating with a consumer (other than a statement of account used in the normal course of business) whenever the debt collector has been notified by the consumer's attorney that he represents said consumer.
(4) Bringing suit against the debtor in a county other than that in which the debt was incurred or in which the debtor resides if the distances and amounts involved would make it impractical for the debtor to defend the claim. (1977, c. 747, s. 4; 2015-177, s. 4.)
2023 North Carolina General Statutes › Chapter 75 - Monopolies, Trusts and Consumer Protection › Article 2 - Prohibited Acts by Debt Collectors. › § 75-56 - Application.

§ 75-56. Application.
(a) The specific and general provisions of this Article shall exclusively constitute the unfair or deceptive acts or practices proscribed by G.S. 75-1.1 in the area of commerce regulated by this Article.
(b) Any debt collector who fails to comply with any provision of this Article with respect to any person is liable to such person in a private action in an amount equal to the sum of (i) any actual damage sustained by such person as a result of such failure and (ii) civil penalties the court may allow, but not less than five hundred dollars ($500.00) nor greater than four thousand dollars ($4,000) for each violation.
(c) The remedies provided by this section shall be cumulative and in addition to remedies otherwise available. Any punitive damages assessed against a debt collector shall not be reduced by the amount of the civil penalty assessed against such debt collector pursuant to subsection (d) of this section.
(d) Notwithstanding the provisions of G.S. 75-15.2 and G.S. 75-16, in private actions or actions instituted by the Attorney General, civil penalties in excess of four thousand dollars ($4,000) shall not be imposed.
(e) The clear proceeds of civil penalties imposed in actions instituted by the Attorney General shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. (1977, c. 747, s. 4; 1983, c. 417, s. 1; 1985 (Reg. Sess., 1986), c. 802; 1991, c. 68, s. 1; 1998-215, s. 101; 2009-573, s. 9.)
2023 North Carolina General Statutes › Chapter 75 - Monopolies, Trusts and Consumer Protection › Article 2A - Identity Theft Protection Act. › § 75-66 - Publication of personal information.

§ 75-66. Publication of personal information.
(a) It shall be a violation of this section for any person to knowingly broadcast or publish to the public on radio, television, cable television, in a writing of any kind, or on the Internet, the personal information of another with actual knowledge that the person whose personal information is disclosed has previously objected to any such disclosure.
(b) As used in this section, "person" means any individual, partnership, corporation, trust, estate, cooperative, association, or other entity, but does not include any:
(1) Government, government subdivision or agency.
(2) Entity subject to federal requirements pursuant to the Health Insurance Portability and Accountability Act (HIPAA).
(c) As used in this section, the phrase "personal information" includes a person's first name or first initial and last name in combination with any of the following information:
(1) Social security or employer taxpayer identification numbers.
(2) Drivers license, State identification card, or passport numbers.
(3) Checking account numbers.
(4) Savings account numbers.
(5) Credit card numbers.
(6) Debit card numbers.
(7) Personal Identification (PIN) Code as defined in G.S. 14-113.8(6).
(8) Digital signatures.
(9) Any other numbers or information that can be used to access a person's financial resources.
(10) Biometric data.
(11) Fingerprints.
(12) Passwords.
(d) Nothing in this section shall:
(1) Limit the requirements or obligations under any other section of this Article, including, but not limited to, G.S. 75-62 and G.S. 75-65.
(2) Apply to the collection, use, or release of personal information for a purpose permitted, authorized, or required by any federal, State, or local law, regulation, or ordinance.
(3) Apply to data integration efforts to implement the State's business intelligence strategy as provided by law or under contract.
(e) Any person whose property or person is injured by reason of a violation of this section may sue for civil damages pursuant to the provisions of G.S. 1-539.2C. (2007-534, s. 2; 2012-142, s. 6A.7A(h).)
2023 North Carolina General Statutes › Chapter 75 - Monopolies, Trusts and Consumer Protection › Article 3 - Motor Fuel Marketing Act. › § 75-80 - Title.

§ 75-80. Title.
This Article shall be known and may be cited as the "Motor Fuel Marketing Act". (1985 (Reg. Sess., 1986), c. 972, s. 1.)
2023 North Carolina General Statutes › Chapter 75 - Monopolies, Trusts and Consumer Protection › Article 3 - Motor Fuel Marketing Act. › § 75-82 - Unlawful below-cost selling; exceptions.

§ 75-82. Unlawful below-cost selling; exceptions.
(a) It shall be unlawful where the intent is to injure competition for any motor fuel merchant or the affiliate of any motor fuel merchant to sell with such frequency as to indicate a general business practice of selling at a motor fuel outlet any grade, brand or blend of motor fuel for less than the cost of that grade, brand or blend of motor fuel except where (i) the price is established in good faith to meet or compete with the lower price of a competitor in the same market area on the same level of distribution selling the same or comparable product of like quality, (ii) the price remains in effect for no more than 10 days after the first sale of that grade, brand or blend by the merchant at a new retail outlet, (iii) the sale is made in good faith to dispose of a grade, brand or blend of motor fuel for the purpose of discontinuing sales of that product, or (iv) the sale is made pursuant to the order or authority of any court or governmental agency.
(b) For purposes of this Article, motor fuel cost shall be computed separately for each grade, brand or blend of each motor fuel at each location where said motor fuel is offered for sale; however, nothing in this subsection shall prevent a motor fuel merchant from using a weighted average motor fuel cost for comparable grade, brand or blend when such motor fuel merchant is supplied by more than one refiner or terminal supplier at one or more terminals.
(c) This Article shall apply only to retail sales of motor fuel at motor fuel outlets. (1985 (Reg. Sess., 1986), c. 972, s. 1.)
2023 North Carolina General Statutes › Chapter 75 - Monopolies, Trusts and Consumer Protection › Article 3 - Motor Fuel Marketing Act. › § 75-83 - Unlawful inducement; civil penalty.

§ 75-83. Unlawful inducement; civil penalty.
It shall be unlawful to knowingly induce, or to knowingly attempt to induce, a violation of this Article, whether by otherwise lawful or unlawful means. In any action initiated by the Attorney General, anyone found to have violated this provision shall be subject to the civil penalty applicable to the sales made in violation of this Article; or, if no sales were made, to a civil penalty of one thousand dollars ($1,000). The clear proceeds of any civil penalties imposed in any actions initiated by the Attorney General under this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. (1985 (Reg. Sess., 1986), c. 972, s. 1; 1998-215, s. 102.)
2023 North Carolina General Statutes › Chapter 75 - Monopolies, Trusts and Consumer Protection › Article 3 - Motor Fuel Marketing Act. › § 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 or permanently enjoined.
The clear proceeds of civil penalties provided for in this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. (1985 (Reg. Sess., 1986), c. 972, s. 1; 1998-215, s. 103.)
2023 North Carolina General Statutes › Chapter 75 - Monopolies, Trusts and Consumer Protection › Article 3 - Motor Fuel Marketing Act. › § 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 injunction and he may also seek civil penalties. The clear proceeds of civil penalties provided for in this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. (1985 (Reg. Sess., 1986), c. 972, s. 1; 1998-215, s. 104.)
2023 North Carolina General Statutes › Chapter 75 - Monopolies, Trusts and Consumer Protection › Article 3 - Motor Fuel Marketing Act. › § 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 set of districts as defined in G.S. 7A-41.1, as the case may be, where the violation is alleged to have occurred to recover actual damages, exemplary damages, costs and reasonable attorneys' fees. The court shall also grant such equitable relief as is proper, including a declaratory judgment and injunctive relief. Any action under this Article must be brought within one year of the alleged violation. (1985 (Reg. Sess., 1986), c. 972, s. 1; 1987 (Reg. Sess., 1988), c. 1037, s. 97.)
2023 North Carolina General Statutes › Chapter 75 - Monopolies, Trusts and Consumer Protection › Article 3 - Motor Fuel Marketing Act. › § 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 price of the same grade, brand or blend of motor fuel sold by such refiner or terminal supplier directly through its own motor fuel outlet or through the outlet of an affiliate of said refiner or terminal supplier; or (ii) if the product price of any grade, brand or blend of a motor fuel sold by a wholesaler to a retailer is greater than the retail price of the same grade, brand or blend of motor fuel sold by such wholesaler through its own motor fuel outlet or the outlet of an affiliate of said wholesaler, provided the method of delivery and quantities of each delivery of motor fuel to the retailer and to the wholesaler's outlet or affiliate's outlet are the same or comparable.
(b) A party may rebut the presumption created by this section by presenting evidence to establish his cost of the grade, brand or blend of motor fuel in question, or by qualifying for an exception under G.S. 75-82. (1985 (Reg. Sess., 1986), c. 972, s. 1.)
2023 North Carolina General Statutes › Chapter 75 - Monopolies, Trusts and Consumer Protection › Article 3 - Motor Fuel Marketing Act. › § 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.)
2023 North Carolina General Statutes › Chapter 75 - Monopolies, Trusts and Consumer Protection › Article 3 - Motor Fuel Marketing Act. › § 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.)
2023 North Carolina General Statutes › Chapter 75 - Monopolies, Trusts and Consumer Protection › Article 3 - Motor Fuel Marketing Act. › § 75-90 - Availability of gasoline suitable for blending with fuel alcohol; blender of record.

§ 75-90. Availability of gasoline suitable for blending with fuel alcohol; blender of record.
(a) The following definitions apply in this section:
(1) Blender. – Defined in G.S. 105-449.60.
(2) Distributor. – Defined in G.S. 105-449.60.
(3) Fuel Alcohol. – Defined in G.S. 105-449.60.
(4) Gasoline. – Defined in G.S. 105-449.60(22)a.
(5) Retailer. – Defined in G.S. 105-449.60.
(6) Supplier. – Defined in G.S. 105-449.60.
(b) A supplier that imports gasoline into the State shall offer gasoline for sale to a distributor or retailer that is not preblended with fuel alcohol and that is suitable for subsequent blending with fuel alcohol.
(c) The General Assembly finds that use of blended fuels reduces dependence on imported oil and is therefore in the public interest. The General Assembly further finds that gasoline may be blended with fuel alcohol below the terminal rack by distributors and retailers as well as above the terminal rack by suppliers and that there is no reason to restrict or prevent blending by suppliers, distributors, or retailers. Therefore, any provision of any contract that would restrict or prevent a distributor or retailer from blending gasoline with fuel alcohol or from qualifying for any federal or State tax credit due to blenders is contrary to public policy and is void. This subsection does not impair the obligation of existing contracts, but does apply if such contract is modified, amended, or renewed. (2008-198, s. 11.7; 2008-222, s. 1.)
2023 North Carolina General Statutes › Chapter 75 - Monopolies, Trusts and Consumer Protection › Article 4 - Telephone Solicitations. › § 75-100 - Findings.

§ 75-100. Findings.
The General Assembly finds all of the following:
(1) The use of the telephone to market goods and services to the home is now pervasive due to the increased use of cost-effective telephone solicitation technologies and techniques.
(2) While some consumers enjoy and benefit from telephone solicitations from legitimate telephone solicitors, many others object to these telephone solicitations as an intrusive invasion of their privacy in the home.
(3) In addition, the proliferation of telephone solicitations, especially during the evening hours, creates a nuisance and a disturbance upon the home and family life of telephone subscribers during a time of day used by many families for traditional family activities.
(4) North Carolina residents should have the freedom to choose whether or not to permit telephone solicitors to contact them.
(5) Individual privacy rights, personal safety, prevention of fraud, and commercial freedom of speech and trade must be balanced in a way that protects the privacy of individuals and permits legitimate telephone solicitation practices.
(6) Legitimate telephone solicitors have no interest in continuing to invade the privacy of those telephone subscribers who affirmatively express their desires to receive no further telephone solicitations.
(7) Many telephone subscribers who have transacted business with firms that employ telephone solicitations have experienced problems with their checking and credit card accounts being debited before they can evaluate the terms and conditions of the transaction, before they can evaluate the merchandise or service to be delivered, or without their agreement to enter into the transaction or authorize such transactions in the first place. Other telephone subscribers have had unauthorized charges placed on their telephone bill and have had their long-distance carrier switched without their authorization as a result of telephone solicitations.
(8) New technologies that make telephone solicitations more cost-effective also allow for the creation of a "Do Not Call" Registry through which North Carolina consumers can easily register their desires not to receive further telephone solicitations and telephone solicitors can easily access and employ lists of consumers who have registered those desires.
(9) The public interest requires an efficient mechanism for telephone subscribers to notify telephone solicitors that their telephone numbers cannot be called and additional protections for North Carolina residents who enter into consumer transactions initiated through telephone solicitations. (2003-411, s. 3.)