14-291.2. Pyramid and chain schemes prohibited.
(a) No person shall establish, operate, participate in, or otherwise promote any pyramid distribution plan, program, device or scheme whereby a participant pays a valuable consideration for the opportunity or chance to receive a fee or compensation upon the introduction of other participants into the program, whether or not such opportunity or chance is received in conjunction with the purchase of merchandise. A person who establishes or operates a pyramid distribution plan is guilty of a Class H felony. A person who participates in or otherwise promotes a pyramid distribution plan is deemed to participate in a lottery and is guilty of a Class 2 misdemeanor.
(b) "Pyramid distribution plan" means any program utilizing a pyramid or chain process by which a participant gives a valuable consideration for the opportunity to receive compensation or things of value in return for inducing other persons to become participants in the program; and
"Compensation" does not mean payment based on sales of goods or services to persons who are not participants in the scheme, and who are not purchasing in order to participate in the scheme.
(c) Any judge of the superior court shall have jurisdiction, upon petition by the Attorney General of North Carolina or district attorney of the superior court, to enjoin, as an unfair or deceptive trade practice, the continuation of the scheme described in subsection (a); in such proceeding the court may assess civil penalties and attorneys' fees to the Attorney General or the District Attorney pursuant to G.S. 75-15.2 and 75-16.1; and the court may appoint a receiver to secure and distribute assets obtained by any defendant through participation in any such scheme. The clear proceeds of civil penalties provided for in this subsection shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2.
(d) Any contract hereafter created for which a part of the consideration consisted of the opportunity or chance to participate in a program described in subsection (a) is hereby declared to be contrary to public policy and therefore void and unenforceable. (1971, c. 875, s. 1; 1973, c. 47, s. 2; 1983, c. 721, s. 2; 1993, c. 539, s. 203; 1994, Ex. Sess., c. 24, s. 14(c); 1997-443, s. 19.25(x); 1998-215, s. 96.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 37 - Lotteries, Gaming, Bingo and Raffles.
§ 14-289 - Advertising lotteries.
§ 14-290 - Dealing in lotteries.
§ 14-291 - Selling lottery tickets and acting as agent for lotteries.
§ 14-291.1 - Selling "numbers" tickets; possession prima facie evidence of violation.
§ 14-291.2 - Pyramid and chain schemes prohibited.
§ 14-292.2 - Class III gaming on Indian lands.
§ 14-293 - Allowing gambling in houses of public entertainment; penalty.
§ 14-294 - Gambling with faro banks and tables.
§ 14-295 - Keeping gaming tables, illegal punchboards or slot machines, or betting thereat.
§ 14-296 - Illegal slot machines and punchboards defined.
§ 14-297 - Allowing gaming tables, illegal punchboards or slot machines on premises.
§ 14-298 - Seizure of illegal gaming items.
§ 14-299 - Property exhibited by gamblers to be seized; disposition of same.
§ 14-300 - Opposing destruction of gaming tables and seizure of property.
§ 14-301 - Operation or possession of slot machine; separate offenses.
§ 14-302 - Punchboards, vending machines, and other gambling devices; separate offenses.
§ 14-303 - Violation of two preceding sections a misdemeanor.
§ 14-304 - Manufacture, sale, etc., of slot machines and devices.
§ 14-305 - Agreements with reference to slot machines or devices made unlawful.
§ 14-306 - Slot machine or device defined.
§ 14-306.1A - Types of machines and devices prohibited by law; penalties.
§ 14-306.2 - Violation of G.S14-306.1A a violation of the ABC laws.
§ 14-306.3 - Certain game promotions unlawful.
§ 14-306.4 - Electronic machines and devices for sweepstakes prohibited.
§ 14-307 - Issuance of license prohibited.
§ 14-308 - Declared a public nuisance.
§ 14-309 - Violation made criminal.
§ 14-309.1 - Defense to possession; antique slot machines.
§ 14-309.7 - Licensing procedure.
§ 14-309.8 - Limit on sessions.
§ 14-309.10 - Operation of bingo.
§ 14-309.11 - Accounting and use of proceeds.
§ 14-309.12 - Violation is gambling.
§ 14-309.13 - Public sessions.
§ 14-309.20 - Greyhound racing prohibited.
§ 14-309.27 - Permit procedure.
§ 14-309.28 - Limits on game night events.
§ 14-309.29 - Game night; prizes and costs.
§ 14-309.30 - Operation of game night events.
§ 14-309.31 - Use of proceeds.
§ 14-309.32 - Violation is gambling.
§ 14-309.34 - Applicability to employer paid events.
§ 14-309.35 - Registration, possession, and transportation of gaming equipment.
§ 14-309.36 - Permit procedure for game night vendors.
§ 14-309.37 - Slot machines, video gaming machines, electronic sweepstakes machines not authorized.