North Carolina General Statutes
Article 1 - General Provisions.
§ 75-16.1 - Attorney fee.

75-16.1. Attorney fee.
In any suit instituted by a person who alleges that the defendant violated G.S. 75-1.1, the presiding judge may, in his discretion, allow a reasonable attorney fee to the duly licensed attorney representing the prevailing party, such attorney fee to be taxed as a part of the court costs and payable by the losing party, upon a finding by the presiding judge that:
(1) The party charged with the violation has willfully engaged in the act or practice, and there was an unwarranted refusal by such party to fully resolve the matter which constitutes the basis of such suit; or
(2) The party instituting the action knew, or should have known, the action was frivolous and malicious. (1973, c. 614, s. 1; 1983, c. 417, s. 2.)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 75 - Monopolies, Trusts and Consumer Protection

Article 1 - General Provisions.

§ 75-1 - Combinations in restraint of trade illegal.

§ 75-1.1 - Methods of competition, acts and practices regulated; legislative policy.

§ 75-2 - Any restraint in violation of common law included.

§ 75-2.1 - Monopolizing and attempting to monopolize prohibited.

§ 75-4 - Contracts to be in writing.

§ 75-8 - Continuous violations separate offenses.

§ 75-9 - Duty of Attorney General to investigate.

§ 75-10 - Power to compel examination.

§ 75-11 - Person examined exempt from prosecution.

§ 75-12 - Refusal to furnish information; false swearing.

§ 75-13 - Criminal prosecution; district attorneys to assist; expenses.

§ 75-14 - Action to obtain mandatory order.

§ 75-15 - Actions prosecuted by Attorney General.

§ 75-15.1 - Restoration of property and cancellation of contract.

§ 75-15.2 - Civil penalty.

§ 75-16 - Civil action by person injured; treble damages.

§ 75-16.1 - Attorney fee.

§ 75-16.2 - Limitation of actions.

§ 75-17 - Lender may not require borrower to deal with particular insurer.

§ 75-18 - Lender may require nondiscriminatory approval of insurer.

§ 75-19 - Violators subject to fine and injunction.

§ 75-20 - Unsolicited checks to secure loans.

§ 75-27 - Unsolicited merchandise.

§ 75-28 - Unauthorized disclosure of tax information; violation a Class 1 misdemeanor.

§ 75-29 - Unfair and deceptive trade names; use of term "wholesale" in advertising, etc.

§ 75-31 - Work-at-home solicitations.

§ 75-32 - Representation of winning a prize.

§ 75-33 - Representation of eligibility to win a prize.

§ 75-34 - Representation of being specially selected.

§ 75-35 - Simulation of checks and invoices.

§ 75-36 - Certain contracts relating to toner or inkjet cartridges void and unenforceable as a matter of public policy.

§ 75-37 - Declaration of State public policy.

§ 75-38 - Prohibit excessive pricing during states of disaster, states of emergency, or abnormal market disruptions.

§ 75-39 - Conditioning services on electric service prohibited.

§ 75-40 - Deadline for mailing consumer rebates.

§ 75-41 - Contracts with automatic renewal clauses.

§ 75-42 - Deceptive representation of geographical location in telephone directory, print advertisement, or on the Internet.

§ 75-43 - Solicitation of a fee for copy of recorded documents.