reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 37 - Tobacco Reserve Fund and Escrow Compliance. › § 66-294.2 - Joint and several liability of importers of cigarettes manufactured by nonparticipating manufacturers located outside the United States.

§ 66-294.2. Joint and several liability of importers of cigarettes manufactured by nonparticipating manufacturers located outside the United States.
For each nonparticipating manufacturer located outside the United States, each importer into the United States of any such nonparticipating manufacturer's brand families that are or are intended to be sold in North Carolina shall bear joint and several liability with such nonparticipating manufacturer for deposit of all escrow due under this Article and payment of all penalties imposed and shall so designate in a form prepared and provided by the Attorney General and shall appoint and continually maintain a process service agent with the Secretary of State and the Office of the Attorney General. (2015-241, s. 6.24(g).)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 39 - Self-Service Storage Rental Contracts. › § 66-305 - Contract requirements.

§ 66-305. Contract requirements.
A rental contract for the storage of personal property in a self-service storage business shall state, in bold type of a minimum size of 14 points and conspicuously placed, the terms regarding the imposition of late fees, the terms regarding any consequences of a late payment, and the terms, if any, that pertain to the payment of court costs, attorneys' fees, and any other costs associated with the payment of late fees or with judgment against the consumer for late rental payments or late fees. (1999-416, s. 1.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 39 - Self-Service Storage Rental Contracts. › § 66-306 - Late fees.

§ 66-306. Late fees.
(a) In all rental contracts in which a definite time for the payment of the rent is fixed, the late fee for each rental unit shall not exceed fifteen dollars ($15.00) or fifteen percent (15%) of the rental payment, whichever is greater, and shall not be imposed by the self-service storage business until the rental payment for that rental unit is five days or more late.
(b) A late fee under this section may be imposed only one time for each late rental payment. A late fee for a specific late rental payment shall not be deducted from a subsequent rental payment so as to cause the subsequent rental payment to be in default. (1999-416, s. 1; 2013-239, s. 3.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 39 - Self-Service Storage Rental Contracts. › § 66-307 - Violations.

§ 66-307. Violations.
(a) Late fees and attorney fees are not recoverable if a self-service storage business violates the provisions of G.S. 66-306.
(b) Any waiver of any of the provisions of this Article shall be deemed void and unenforceable.
(c) The remedies provided in this section are in addition to any other remedies provided for by law or in equity. (1999-416, s. 1.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 40 - Uniform Electronic Transactions Act. › § 66-313 - Scope.

§ 66-313. Scope.
(a) Except as otherwise provided in subsections (b), (c), and (e) of this section, this Article applies to electronic records and electronic signatures relating to a transaction.
(b) This Article does not apply to a transaction to the extent it is governed by:
(1) A law governing the creation and execution of wills, codicils, or testamentary trusts.
(2) Chapter 25 of the General Statutes other than G.S. 25-1-306, Article 2, and Article 2A.
(3) Article 11A of Chapter 66 of the General Statutes.
(c) This Article applies to an electronic record or electronic signature otherwise excluded from the application of this Article under subsection (b) of this section to the extent it is governed by a law other than those specified in subsection (b) of this section.
(d) A transaction subject to this Article is also subject to other applicable substantive law.
(e) This Article shall not apply to:
(1) Any notice of the cancellation or termination of utility services, including water, heat, and power.
(2) Any notice of default, acceleration, repossession, foreclosure or eviction, or the right to cure, under a credit agreement secured by, or a rental agreement for, a primary residence of an individual.
(3) Any notice of the cancellation or termination of health insurance or benefits, or life insurance or benefits, excluding annuities.
(4) Any notice of the recall of a product, or material failure of a product that risks endangering health or safety.
(5) Any document required to accompany the transportation or handling of hazardous materials, pesticides, or other toxic or dangerous materials. (2000-152, s. 1; 2001-295, s. 2; 2006-112, s. 23.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 40 - Uniform Electronic Transactions Act. › § 66-314 - Prospective application.

§ 66-314. Prospective application.
This Article applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after the effective date of this Article. (2000-152, s. 1.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 40 - Uniform Electronic Transactions Act. › § 66-315 - Use of electronic records and electronic signatures; variation by agreement.

§ 66-315. Use of electronic records and electronic signatures; variation by agreement.
(a) This Article does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.
(b) This Article applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
(c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.
(d) Except as otherwise provided in this Article, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this Article of the words "unless otherwise agreed", or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.
(e) Whether an electronic record or electronic signature has legal consequences is determined by this Article and other applicable law. (2000-152, s. 1.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 40 - Uniform Electronic Transactions Act. › § 66-316 - Construction and application.

§ 66-316. Construction and application.
This Article must be construed and applied:
(1) To facilitate electronic transactions consistent with other applicable law;
(2) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and
(3) To effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it. (2000-152, s. 1.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 40 - Uniform Electronic Transactions Act. › § 66-317 - Legal recognition of electronic records, electronic signatures, and electronic contracts.

§ 66-317. Legal recognition of electronic records, electronic signatures, and electronic contracts.
(a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
(b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
(c) If a law requires a record to be in writing, an electronic record satisfies the law provided it complies with the provisions of this Article.
(d) If a law requires a signature, an electronic signature satisfies the law provided it complies with the provisions of this Article. (2000-152, s. 1.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 40 - Uniform Electronic Transactions Act. › § 66-318 - Provision of information in writing; presentation of records.

§ 66-318. Provision of information in writing; presentation of records.
(a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if:
(1) The sender or its information processing system inhibits the ability of the recipient to print or store the electronic record; or
(2) It is not capable of being accurately reproduced for later reference by all parties or persons who are entitled to retain the contract or other record.
(b) If a law other than this Article requires a record (i) to be posted or displayed in a certain manner, (ii) to be sent, communicated, or transmitted by a specified method, or (iii) to contain information that is formatted in a certain manner, the following rules apply:
(1) The record must be posted or displayed in the manner specified in the other law.
(2) Except as otherwise provided in subdivision (d)(2) of this section, the record must be sent, communicated, or transmitted by the method specified in the other law.
(3) The record must contain the information formatted in the manner specified in the other law.
(c) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.
(d) The requirements of this section may not be varied by agreement, but:
(1) To the extent a law other than this act requires information to be provided, sent, or delivered in writing, but permits that requirement to be varied by agreement, the requirement under subsection (a) of this section that the information be in the form of an electronic record capable of retention may also be varied by agreement; and
(2) A requirement under a law other than this Article to send, communicate, or transmit a record by regular United States mail may be varied by agreement to the extent permitted by the other law. (2000-152, s. 1; 2001-295, s. 3.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 40 - Uniform Electronic Transactions Act. › § 66-319 - Attribution and effect of electronic record and electronic signature.

§ 66-319. Attribution and effect of electronic record and electronic signature.
(a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
(b) The effect of an electronic record or electronic signature attributed to a person under subsection (a) of this section is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law. (2000-152, s. 1.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 40 - Uniform Electronic Transactions Act. › § 66-320 - Effect of change or error.

§ 66-320. Effect of change or error.
If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:
(1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record.
(2) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if, at the time the individual learns of the error, the individual:
a. Promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;
b. Takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and
c. Has not used or received any benefit or value from the consideration, if any, received from the other person.
(3) If neither subdivision (1) nor subdivision (2) of this section applies, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any.
(4) Subdivisions (2) and (3) of this section may not be varied by agreement. (2000-152, s. 1.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 40 - Uniform Electronic Transactions Act. › § 66-321 - Notarization and acknowledgment.

§ 66-321. Notarization and acknowledgment.
If a law requires a signature or record relating to a transaction to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record. (2000-152, s. 1.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 40 - Uniform Electronic Transactions Act. › § 66-322 - Retention of electronic records; originals.

§ 66-322. Retention of electronic records; originals.
(a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which:
(1) Accurately reflects the information set forth in the record at the time it was first generated in its final form as an electronic record or otherwise; and
(2) Remains accessible for later reference.
(b) A requirement to retain a record in accordance with subsection (a) of this section does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received.
(c) A person may satisfy subsection (a) of this section by using the services of another person if the requirements of that subsection are satisfied.
(d) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection (a) of this section.
(e) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (a) of this section.
(f) A record retained as an electronic record in accordance with subsection (a) of this section satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after the effective date of this Article specifically prohibits the use of an electronic record for the specified purpose.
(g) This section does not preclude a governmental agency of this State from specifying additional requirements for the retention of a record subject to the agency's jurisdiction. (2000-152, s. 1.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 40 - Uniform Electronic Transactions Act. › § 66-324 - Automated transaction.

§ 66-324. Automated transaction.
In an automated transaction, the following rules apply:
(1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements.
(2) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance.
(3) The terms of the contract are determined by the substantive law applicable to it. (2000-152, s. 1.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 40 - Uniform Electronic Transactions Act. › § 66-328 - Procedures consistent with federal law.

§ 66-328. Procedures consistent with federal law.
Consistent with the provisions of section 7002(a) of the Electronic Signatures in the Global and National Commerce Act, 15 U.S.C § 7002(a), this Article sets forth alternative procedures or requirements for the use of electronic records to establish the legal effect or validity of records in electronic transactions. (2001-295, s. 6.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 40 - Uniform Electronic Transactions Act. › § 66-329 - Choice of law in computer information agreement.

§ 66-329. Choice of law in computer information agreement.
A choice of law provision in a computer information agreement which provides that the contract is to be interpreted pursuant to the laws of a state that has enacted the Uniform Computer Information Transactions Act, as proposed by the National Conference of Commissioners on Uniform State Laws, or any substantially similar law, is voidable and the agreement shall be interpreted pursuant to the laws of this State if the party against whom enforcement of the choice of law provisions is sought is a resident of this State or has its principal place of business located in this State. For purposes of this section, a "computer information agreement" means an agreement that would be governed by the Uniform Computer Information Transactions Act or substantially similar law as enacted in the state specified in the choice of law provisions if that state's law were applied to the agreement. This section may not be varied by agreement of the parties. This section shall remain in force until such time as the North Carolina General Assembly enacts the Uniform Computer Information Transactions Act or any substantially similar law and that law becomes effective. (2001-295, s. 7.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 40 - Uniform Electronic Transactions Act. › § 66-330 - Severability clause.

§ 66-330. Severability clause.
If any provision of this Article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Article which can be given effect without the invalid provision or application, and to this end the provisions of this Article are severable. (2000-152, s. 1.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 41 - Manufacturing Redevelopment Districts. › § 66-340 - Expired pursuant to Session Laws 2005-462, s8, as amended by Session Laws 2006-264, s99.5(g), effective September 1, 2008(2005-462, s1.)

§ 66-340: Expired pursuant to Session Laws 2005-462, s. 8, as amended by Session Laws 2006-264, s. 99.5(g), effective September 1, 2008. (2005-462, s. 1.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 41 - Manufacturing Redevelopment Districts. › § 66-341 - Expired pursuant to Session Laws 2005-462, s8, as amended by Session Laws 2006-264, s99.5(g), effective September 1, 2008(2005-462, s1.)

§ 66-341: Expired pursuant to Session Laws 2005-462, s. 8, as amended by Session Laws 2006-264, s. 99.5(g), effective September 1, 2008. (2005-462, s. 1.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 41 - Manufacturing Redevelopment Districts. › § 66-342 - Expired pursuant to Session Laws 2005-462, s8, as amended by Session Laws 2006-264, s99.5(g), effective September 1, 2008(2005-462, s1.)

§ 66-342: Expired pursuant to Session Laws 2005-462, s. 8, as amended by Session Laws 2006-264, s. 99.5(g), effective September 1, 2008. (2005-462, s. 1.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 41 - Manufacturing Redevelopment Districts. › § 66-343 - Expired pursuant to Session Laws 2005-462, s8, as amended by Session Laws 2006-264, s99.5(g), effective September 1, 2008(2005-462, s1.)

§ 66-343: Expired pursuant to Session Laws 2005-462, s. 8, as amended by Session Laws 2006-264, s. 99.5(g), effective September 1, 2008. (2005-462, s. 1.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 41 - Manufacturing Redevelopment Districts. › § 66-344 - Expired pursuant to Session Laws 2005-462, s8, as amended by Session Laws 2006-264, s99.5(g), effective September 1, 2008(2005-462, s1.)

§ 66-344: Expired pursuant to Session Laws 2005-462, s. 8, as amended by Session Laws 2006-264, s. 99.5(g), effective September 1, 2008. (2005-462, s. 1.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 41 - Manufacturing Redevelopment Districts. › § 66-345 - Expired pursuant to Session Laws 2005-462, s8, as amended by Session Laws 2006-264, s99.5(g), effective September 1, 2008(2005-462, s1.)

§ 66-345: Expired pursuant to Session Laws 2005-462, s. 8, as amended by Session Laws 2006-264, s. 99.5(g), effective September 1, 2008. (2005-462, s. 1.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 41 - Manufacturing Redevelopment Districts. › § 66-346 - Expired pursuant to Session Laws 2005-462, s8, as amended by Session Laws 2006-264, s99.5(g), effective September 1, 2008(2005-462, s1.)

§ 66-346: Expired pursuant to Session Laws 2005-462, s. 8, as amended by Session Laws 2006-264, s. 99.5(g), effective September 1, 2008. (2005-462, s. 1.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 42 - State Franchise for Cable Television Service. › § 66-350 - Definitions.

§ 66-350. Definitions.
The following definitions apply in this Article:
(1) Cable service. – Defined in G.S. 105-164.3.
(2) Cable system. – Defined in 47 U.S.C. § 522.
(3) Channel. – A portion of the electromagnetic frequency spectrum that is used in a cable system and is capable of delivering a television channel.
(4) Existing agreement. – A local franchise agreement that was awarded under G.S. 153A-137 or G.S. 160A-319 and meets either of the following:
a. Is in effect on January 1, 2007.
b. Expired before January 1, 2007, and the cable service provider under the agreement provides cable service to subscribers in the franchise area on January 1, 2007.
(5) Pass a household. – Make service available to a household, regardless of whether the household subscribes to the service.
(6) PEG channel. – A public, educational, or governmental access channel provided to a county or city.
(7) Secretary. – The Secretary of State.
(8) Video programming. – Defined in G.S. 105-164.3. (2006-151, s. 1.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 42 - State Franchise for Cable Television Service. › § 66-351 - State franchising authority.

§ 66-351. State franchising authority.
(a) Authority. – The Secretary of State is designated the exclusive franchising authority in this State for cable service provided over a cable system. This designation replaces the authorization to counties and cities in former G.S. 153A-137 and G.S. 160A-319 to award a franchise for cable service. This designation is effective January 1, 2007. After this date, a county or city may not award or renew a franchise for cable service.
(b) Award and Scope. – The Secretary is considered to have awarded a franchise to a person who files a notice of franchise under G.S. 66-352. A franchise for cable service authorizes the holder of the franchise to construct and operate a cable system over public rights-of-way within the area to be served. Chapter 160A of the General Statutes governs the regulation of public rights-of-way by a city. (2006-151, s. 1.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 42 - State Franchise for Cable Television Service. › § 66-354 - General filing and report requirements.

§ 66-354. General filing and report requirements.
(a) General. – A document filed with the Secretary under this Article must be signed by an officer or general partner of the person submitting the document. Within five days after a person files a document with the Secretary under this Article, the person must send a copy of the document to any county or city included in the service area described in the document and to the registered agent of any cable service provider that is providing cable service under an existing agreement in the service area described in the document.
The provisions of Article 2 of Chapter 55D of the General Statutes apply to the submission of a document under this Article. A document filed under this Article is a public record as defined in G.S. 132-1. The Secretary must post a document filed under this Article on its Internet Web site or indicate on its Internet Web site that the document has been filed and is available for inspection.
A successor in interest to a person who has filed a notice of franchise is not required to file another notice of franchise. When a change in ownership occurs, the owner must file a notice of change in ownership with the Secretary within 14 days after the change becomes effective.
(b) Forfeiture. – A person who offers cable service over a cable system without filing a notice of franchise or a notice of service as required by this Article is subject to forfeiture of the revenue received during the period of noncompliance from subscribers to the cable service in the area of noncompliance. Forfeiture does not apply to revenue received from cable service provided over a cable system in an area that is adjacent to a service area described in a notice of franchise and notice of service filed by that cable service provider under G.S. 66-352 if the provider obtains a State-issued franchise and files a notice of service that includes this area within 20 days after a civil action for forfeiture is filed. A forfeiture does not affect the liability of the cable service provider for sales tax due under G.S. 105-164.4 on cable service.
A cable service provider whose area includes the area in which a person is providing cable service without complying with the notice of franchise and notice of service requirements may bring a civil action for forfeiture. The amount required to be forfeited in the action must be remitted to the Civil Penalty and Forfeiture Fund established in G.S. 115C-457.2. (2006-151, s. 1.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 42 - State Franchise for Cable Television Service. › § 66-358 - Transmission of PEG channels.

§ 66-358. Transmission of PEG channels.
(a) Service. – A cable service provider operating under a State-issued franchise must transmit a PEG channel by one of the following methods:
(1) Interconnection with another cable system operated in its service area. A cable service provider operating in the same service area as a provider under a State-issued franchise must interconnect its cable system on reasonable and competitively neutral terms with the other provider's cable system within 120 days after it receives a written request for interconnection and may not refuse to interconnect on these terms. The terms include compensation for costs incurred in interconnecting. Interconnection may be accomplished by direct cable, microwave link, satellite, or another method of connection.
(2) Transmission of the signal from each PEG channel programmer's origination site, if the origination site is in the provider's service area.
(b) Signal. – All PEG channel programming provided to a cable service provider for transmission must meet the federal National Television System Committee standards or the Advanced Television Systems Committee Standards. If a PEG channel programmer complies with these standards and the cable service provider cannot transmit the programming without altering the transmission signal, then the cable service provider must do one of the following:
(1) Alter the transmission signal to make it compatible with the technology or protocol the cable service provider uses to deliver its cable service.
(2) Provide to the county or city the equipment needed to alter the transmission signal to make it compatible with the technology or protocol the cable service provider uses to deliver its cable service. (2006-151, s. 1.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 43 - Service Agreements. › § 66-371 - Home appliance service agreement companies.

§ 66-371. Home appliance service agreement companies.
(a) This section applies to all home appliance service agreement companies soliciting business in this State, but it does not apply to performance guarantees or warranties made by manufacturers in connection with the sale of new home appliances. This section does not apply to any home appliance dealer licensed to do business in this State (i) whose primary business is the retail sale and service of home appliances; (ii) who makes and administers its own service agreements without association with any other entity; and (iii) whose service agreements cover primarily appliances sold by the dealer to its retail customers, provided that the dealer complies with G.S. 66-372 and G.S. 66-373. This section does not apply to any warranty made by a builder or seller of real property relating to home appliances that are sold along with real property. This section does not apply to any issuer of credit cards or charge cards that markets home appliance service agreements as an ancillary part of its business; provided, however, that such issuer maintains insurance in accordance with G.S. 66-373.
(b) The following definitions apply in this section:
(1) "Home appliance" means a clothes washing machine or dryer; kitchen appliance; vacuum cleaner; sewing machine; home audio or video electronic equipment; home electronic data processing equipment; home exercise and fitness equipment; home health care equipment; power tools; heater or air conditioner, other than a permanently installed unit using internal ductwork; or other personal consumer goods.
(2) "Home appliance service agreement" means any contract or agreement indemnifying the home appliance service agreement holder against loss caused by damage or failure, arising out of a power surge or the ownership, operation, use, or accidental damage from handling of a home appliance, of a mechanical or other component part of the home appliance that is listed in the agreement. The term does not include a contract or agreement that reimburses the home appliance service agreement holder for damage occurring during delivery or installation of a home appliance.
(3) "Home appliance service agreement company" means any person that issues home appliance service agreements and that is not a licensed insurer.
(c) through (g) Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 730, s. 3. (1991 (Reg. Sess., 1992), c. 1014, s. 1; 1993, c. 504, ss. 49, 52; c. 539, s. 443; 1994, Ex. Sess., c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 730, ss. 3, 4, 6; 2003-290, s. 1(b); 2007-95, ss. 3, 10; 2022-74, s. 5.6(a).)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 43 - Service Agreements. › § 66-374 - Mechanical breakdown service agreements.

§ 66-374. Mechanical breakdown service agreements.
(a) Except as provided in subsection (c) of this section, all mechanical breakdown service agreement companies soliciting business in this State shall comply with G.S. 66-372 and G.S. 66-373.
(b) As used in this section, "mechanical breakdown service agreement companies" include any person that issues mechanical breakdown service agreements and is not a licensed insurer, and "mechanical breakdown service agreements" are applicable to mechanized equipment, including automobiles, riding mowers, scooters, generators, farm implements, logging equipment, road graders, bulldozers, and power equipment not licensed for road use, whether mobile or not.
(c) This section does not apply to performance guarantees, warranties, mechanical breakdown service agreements, or motor vehicle service agreements made by:
(1) A manufacturer.
(2) A distributor.
(3) A subsidiary of a manufacturer or distributor. (2003-290, s. 4; 2007-95, ss. 6, 13.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 44 - Free Insurance. › § 66-380 - Definitions.

§ 66-380. Definitions.
As used in this Article:
(1) "Consumer goods" means goods that are used primarily for personal, family, or household purposes. For the purposes of this Article, consumer goods do not include automobiles or residences.
(2) "Free insurance" means any of the following:
a. Insurance for which no identifiable or additional charge is made to the purchaser or lessee of consumer goods or services directly or indirectly connected with the purchase of consumer goods.
b. Insurance for which an identifiable or additional charge is made in an amount less than the cost of such insurance as to the seller, lessor, or other person other than the insurer providing the insurance. (2008-124, s. 9.1.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 44 - Free Insurance. › § 66-381 - Free insurance.

§ 66-381. Free insurance.
No person shall advertise, offer, or provide free insurance for damage, loss, or theft as an inducement to the purchase, sale, or rental of consumer goods or services directly or indirectly connected with the purchase of consumer goods. (2008-124, s. 9.1.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 45 - Pawnbrokers, Metal Dealers, and Scrap Dealers. › § 66-385 - Short title.

§ 66-385. Short title.
This Part shall be known and may be cited as the Pawnbrokers and Cash Converters Modernization Act. (1989, c. 638, s. 2; 2011-325, s. 2; 2012-46, ss. 2, 4.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 45 - Pawnbrokers, Metal Dealers, and Scrap Dealers. › § 66-386 - Purpose.

§ 66-386. Purpose.
The making of pawn loans and the acquisition and disposition of tangible personal property by and through pawnshops and cash converters vitally affects the general economy of this State and the public interest and welfare of its citizens. In recognition of these facts, it is the policy of this State and the purpose of the Pawnbrokers and Cash Converters Modernization Act to do all of the following:
(1) Ensure a sound system of making loans and acquiring and disposing of tangible personal property by and through pawnshops, and to prevent unlawful property transactions, particularly in stolen property, through licensing and regulating pawnbrokers.
(2) Ensure a sound system of acquiring and disposing of tangible personal property by and through cash converters and to prevent unlawful property transactions, particularly in stolen property, by requiring record keeping by cash converters.
(3) Provide for pawnbroker licensing fees and investigation fees of licensees.
(4) Ensure financial responsibility to the State and the general public.
(5) Ensure compliance with federal and State laws.
(6) Assist local governments in the exercise of their police authority. (1989, c. 638, s. 2; 2011-325, s. 3; 2012-46, ss. 2, 5.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 45 - Pawnbrokers, Metal Dealers, and Scrap Dealers. › § 66-387 - Definitions.

§ 66-387. Definitions.
The following definitions apply in this Part:
(1) Cash. – Lawful currency of the United States.
(2) Currency converter. – Either (i) a person engaged in the business of purchasing goods from the public for cash at a permanently located retail store or (ii) an itinerant merchant as defined in G.S. 66-250(1) who holds himself or herself out to the public by signs, advertising, or other methods as engaging in that business. The term does not include any of the following:
a. Pawnbrokers, except with regard to the purchase of a gift card or merchandise card.
b. Persons whose goods purchases are made directly from manufacturers or wholesalers for their inventories.
c. Precious metals dealers, to the extent that their transactions are regulated under Part 2 of this Article.
d. Purchases by persons primarily in the business of obtaining from the public, either by purchase or exchange, used clothing, children's furniture, and children's products, provided (i) the amount paid for the individual item purchased is less than fifty dollars ($50.00) and (ii) the individual item purchased is not a gift card or merchandise card of any value.
e. Purchases by persons primarily in the business of obtaining from the public, either by purchase or exchange, sporting goods and sporting equipment, provided (i) the amount paid for the individual item purchased is less than fifty dollars ($50.00) and (ii) the individual item purchased is not a gift card or merchandise card of any value.
(2a) E-buyer. – A currency converter engaged in the business of purchasing gift cards or merchandise cards online.
(3) Pawn or pawn transaction. – A written bailment of personal property as security for a debt, redeemable on certain terms within 180 days, unless renewed, and with an implied power of sale on default.
(4) Pawnbroker. – A person engaged in the business of lending money on the security of pledged goods and who may also purchase merchandise for resale from dealers and traders.
(5) Pawnshop. – The location at which, or premises in which, a pawnbroker regularly conducts business.
(6) Person. – Any individual, corporation, joint venture, association, or any other legal entity, however organized.
(7) Pledged goods. – Tangible personal property which is deposited with, or otherwise actually delivered into, the possession of a pawnbroker in the course of his business in connection with a pawn transaction.
(8) Purchase. – An item purchased from an individual for the purpose of resale whereby the seller no longer has a vested interest in the item. (1989, c. 638, s. 2; 2011-325, s. 4; 2012-46, ss. 2, 6; 2013-410, s. 26; 2017-162, s. 3.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 45 - Pawnbrokers, Metal Dealers, and Scrap Dealers. › § 66-388 - Pawnbroker authority.

§ 66-388. Pawnbroker authority.
A pawnbroker licensee is authorized to: (i) make loans on pledges of tangible personal property, (ii) deal in bullion stocks, (iii) purchase merchandise for resale from dealers, traders, and wholesale suppliers and (iv) use its capital and funds in any lawful manner within the general scope and purpose of its creation. Notwithstanding the provisions of this section, no pawnbroker has the authority enumerated in this section unless he has fully complied with the laws regulating the particular transactions involved. (1989, c. 638, s. 2; 2012-46, s. 2.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 45 - Pawnbrokers, Metal Dealers, and Scrap Dealers. › § 66-389 - License required.

§ 66-389. License required.
It is unlawful for any person, firm, or corporation to establish or conduct a business of pawnbroker unless such person, firm, or corporation has procured a license to conduct business in compliance with the requirements of this Part. (1989, c. 638, s. 2; 2012-46, ss. 2, 7.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 45 - Pawnbrokers, Metal Dealers, and Scrap Dealers. › § 66-390 - Requirements for licensure.

§ 66-390. Requirements for licensure.
(a) To be eligible for a pawnbroker's license, an applicant must:
(1) Be of good moral character; and
(2) Not have been convicted of a felony within the last 10 years.
(b) Every person, firm or corporation desiring to engage in the business of pawnbroker shall petition the appropriate city or county agency in the area in which the pawnshop is to be operated for a license to conduct such business. Such petitions shall provide:
(1) The name and address of the person, and, in case of a firm or corporation, the names and addresses of the persons composing such firm or of the officers, directors, and stockholders of such corporation, excluding shareholders of publicly traded companies;
(2) The name of the business and the street and mailing address where the business is to be operated;
(3) A statement indicating the amount of net assets or capital proposed to be used by the petitioner in operation of the business; this statement shall be accompanied by an unaudited statement from an accountant or certified public accountant verifying the information contained in the accompanying statement;
(4) An affidavit by the petitioner that he has not been convicted of a felony; and
(5) A certificate from the chief of police, or sheriff of the county, or the State Bureau of Investigation that the petitioner has not been convicted of a felony.
(c) Licenses shall be granted under this Part by the city if the pawnshop is to be operated within the corporate limits of a city as defined by G.S. 160A-1, and by a county if it is to be operated outside the corporate limits of any city as defined by G.S. 160A-1.
(d) Any license granted under this Part may be revoked by the county or city issuing it, after a hearing, for substantial abuses of this Part by the licensee. (1989, c. 638, s. 2; 2012-46, ss. 2, 8.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 45 - Pawnbrokers, Metal Dealers, and Scrap Dealers. › § 66-393 - Pawnbroker fees; interest rates.

§ 66-393. Pawnbroker fees; interest rates.
No pawnbroker shall demand or receive an effective rate of interest greater than two percent (2%) per month, and no other charge of any description or for any purpose shall be made by the pawnbroker, except that the pawnbroker may charge, contract for, and recover an additional monthly fee for the following services, including but not limited to:
(1) Title investigation;
(2) Handling, appraisal, and storage;
(3) Insuring a security;
(4) Application fee;
(5) Making daily reports to local law enforcement officers; and
(6) For other expenses, including losses of every nature, and all other services.
In no event may the total of the above listed monthly fees on a pawn transaction exceed twenty percent (20%) of the principal up to a maximum of the following:
First month $100.00
Second month 75.00
Third month 75.00
Fourth month and thereafter 50.00
In addition, pawnbrokers may charge fees for returned checks as allowed by G.S. 25-3-506. (1989, c. 638, s. 2; 1995 (Reg. Sess., 1996), c. 742, s. 37; 2012-46, s. 2.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 45 - Pawnbrokers, Metal Dealers, and Scrap Dealers. › § 66-394 - Pawnbroker transactions.

§ 66-394. Pawnbroker transactions.
In every pawn transaction:
(1) The original pawn contract shall have a maturity date of not less than 30 days, provided that nothing herein shall prevent the pledgor from redeeming the property before the maturity date;
(2) Any personal property pledged to a pawnbroker in this State is subject to sale or disposal when there has been no payment made on the account for a period of 60 days past maturity date of the original contract; provided that the contract between the pledgor and the pawnbroker is renewable if renewal is agreed upon by both the parties;
(3) Every pawn ticket or receipt for such pawn shall have printed thereon the provisions of subdivision (1) of this section which shall constitute: (i) notice of such sale or disposal, (ii) notice of intention to sell or dispose of the property without further notice, and (iii) consent to such sale or disposal. The pledgor thereby forfeits all right, title and interest of, in, and to such pawned property to the pawnbroker who thereby acquires absolute title to the same, whereupon the debt is satisfied and the pawnbroker may sell or dispose of the unredeemed pledges as his own property. Any sale or disposal of property under this section terminates all liability of the pawnbroker and vests in the purchaser the right, title, and interest of the borrower and the pawnbroker;
(4) If the borrower loses his pawn ticket he shall not thereby forfeit his right to redeem, but may, before the lapse of the redemption period, make an affidavit with indemnification for such loss. The affidavit shall describe the property pawned and shall take the place of the lost pawn ticket unless the pawned property has already been redeemed with the original pawn ticket; and
(5) A pledgor is not obligated to redeem pledged goods or make any payment on a pawn transaction. (1989, c. 638, s. 2; 2012-46, s. 2.)
2023 North Carolina General Statutes › Chapter 66 - Commerce and Business › Article 45 - Pawnbrokers, Metal Dealers, and Scrap Dealers. › § 66-395 - Prohibitions.

§ 66-395. Prohibitions.
(a) A pawnbroker shall not:
(1) Accept a pledge from a person under the age of 18 years.
(2) Make any agreement requiring the personal liability of a pledgor in connection with a pawn transaction.
(3) Accept any waiver, in writing or otherwise, of any right or protection accorded a pledgor under this Part.
(4) Fail to exercise reasonable care to protect pledged goods from loss or damage.
(5) Fail to return pledged goods to a pledgor upon payment of the full amount due the pawnbroker on the pawn transaction. In the event such pledged goods are lost or damaged while in the possession of the pawnbroker, it shall be the responsibility of the pawnbroker to replace the lost or damaged goods with merchandise of like kind and equivalent value. In the event the pledgor and pawnbroker cannot agree as to replacement, the pawnbroker shall reimburse the pledgor in the amount of the value agreed upon pursuant to G.S. 66-391(b).
(6) Take any article in pawn, pledge, or as security from any person, which is known to such pawnbroker to be stolen, unless there is a written agreement with local or State law enforcement.
(7) Sell, exchange, barter, or remove from the pawnshop any goods pledged, pawned, or purchased before the earlier of seven days after the date the pawn ticket record is electronically reported in accordance with G.S. 66-391(d) or 30 days after the transaction, except in case of redemption by pledgor or items purchased for resale from wholesalers.
(8) Operate more than one pawnshop under one license, and such shop must be at a permanent place of business.
(9) Take as pledged goods any manufactured mobile home, recreational vehicle, or motor vehicle other than a motorcycle.
(b) A currency converter shall not purchase from any person property which is known to the currency converter to be stolen, unless there is a written agreement with local or State law enforcement. (1989, c. 638, s. 2; 2007-415, s. 1; 2011-325, s. 7; 2012-46, ss. 2, 10; 2013-410, s. 26.)