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Unfair Trade Practices In Competition Law In North Carolina
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The term “unfair trade practice” describes the use of deceptive, fraudulent, or unethical methods to gain business advantage or to cause injury to a consumer. Unfair trade practices are considered unlawful under the Consumer Protection Act.
Unfair competition protects against fraudulent, deceptive or dishonest practices that are prohibited by statute or common law. This includes actions for infringement of patents, trademarks, copyrights, and trade secrets, among others.
General Provisions. § 75-1. Combinations in restraint of trade illegal. Every contract, combination in the form of trust or otherwise, or conspiracy in restraint of trade or commerce in the State of North Carolina is hereby declared to be illegal.
The cornerstone of consumer protection in North Carolina is the North Carolina Consumer Protection Act (NCCPA).
Common Examples of Unfair Competition False advertising. “ Bait and switch ” selling tactics. Unauthorized substitution of one brand of goods for another. Use of confidential information by former employee to solicit customers.
The phrase unfair trade practices can be defined as any business practice or act that is deceptive, fraudulent, or causes injury to a consumer. These practices can include acts that are deemed unlawful, such as those that violate a consumer protection law.
§ 106-138. False advertising. (a) An advertisement of a food, drug, device or cosmetic shall be deemed to be false if it is false or misleading in any particular.
§ 14‑160. Willful and wanton injury to personal property; punishments. (a) If any person shall wantonly and willfully injure the personal property of another he shall be guilty of a Class 2 misdemeanor.