NORTH CAROLINA GENERAL ASSEMBLY
SENATE BILL 515
AN ACT TO AMEND CHAPTER 75 OF THE GENERAL STATUTES TO PROVIDE CIVIL REMEDIES AGAINST UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE ACTS OR PRACTICES IN TRADE OR COMMERCE.
The General Assembly of North Carolina do enact:
Section 1. G.S. Chapter 75, as the same appears in the 1965 Replacement Volume 2C of the General Statutes, is hereby amended as follows:
(a) By changing the chapter title from "Monopolies and Trusts" to "Monopolies, Trusts and Consumer Protection."
(b) By adding a new section thereto immediately following G.S. 75-1, to be designated as G.S. 75-1.1 and to read as follows:
"G.S. 75-1.1. Methods of competition, acts and practices regulated: legislative policy. (a) Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful, (b) The purpose of this Section is to declare, and to provide civil legal means to maintain, ethical standards of dealings between persons engaged in business, and between persons engaged in business and the consuming public within this State, to the end that good faith and fair dealings between buyers and sellers at all levels of commerce be had in this State, (c) Nothing in this Section shall apply to acts done by the publisher, owner, agent, or employee of a newspaper, periodical or radio or television station, or other advertising medium in the publication or dissemination of an advertisement, when the owner, agent or employee did not have knowledge of the false, misleading or deceptive character of the advertisement and when the newspaper, periodical or radio or television station, or other advertising medium did not have a direct financial interest in the sale or distribution of the advertised product or service. (d) Any party claiming to be exempt from the provisions of this Section shall have the burden of proof with respect to such claim."
(c) By inserting the words ", with the exception of G.S. 75-1.1 (the violation of which does not constitute a crime)," between the word "chapter" and the word "shall" on line 6 of G.S. 75-6.
(d) By inserting the words ", with the exception of G.S. 75-1.1 (the violation of which does not constitute a crime)," between the word "chapter" on line 4 and the word "shall" on line 4 in G.S. 75-7.
(e) By inserting the words "or persons" between the word "corporations" on line 3 and the word "doing" on line 3 in G.S. 75-9, and by inserting the words "or persons" between the word "corporations" on line 6 and the word "in" on line 7 in G.S. 75-9.
(f) By inserting the words "or business" between the word "corporation" and the word "and" on line 3 in G.S. 75-10.
(g) By inserting the words "or businesses" between the word "corporations" and the word "to" on line 5 in G.S. 75-10.
(h) By inserting the words "or businesses," between the word "corporations" and the word "or" on line 6 in G.S. 75-10.
(i) By rewriting G.S. 75-11 to read as follows: "G.S. 75-11. Person examined exempt from prosecution. No natural person examined, as provided in G.S. 75-10, shall be subject to indictment, criminal prosecution, criminal punishment or criminal penalty by reason of or on account of anything disclosed by him upon examination, and full immunity from criminal prosecution and criminal punishment by reason of or on account of anything so disclosed is hereby extended to all natural persons so examined. The immunity herein granted shall not apply to civil actions instituted pursuant to this Chapter."
(j) By inserting the words "or person" between the word "corporation" and the word "unlawfully" on lines 1 and 2 of G.S. 75-12 and between the word "corporation" and the word "shall" on line 5 thereof and between the word "corporation" and the word "shall" on line 9 thereof.
(k) By adding in G.S. 75-14 the words ", including (but not limited to) permanent or temporary injunctions and temporary restraining orders," immediately following the words "mandatory order" in line 3 thereof.
(l) By deleting the words "If the business" at the beginning of G.S. 75-16 and inserting in lieu thereof the words "If any person shall be injured or the business".
Sec. 2. All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 3. This Act shall be effective upon its ratification.
In the General Assembly read three times and ratified, this the 12th day of June, 1969.