75-42. Deceptive representation of geographical location in telephone directory, print advertisement, or on the Internet.
(a) A person who is in the business of supplying a perishable product shall not misrepresent the geographical location of the business in the listing of the business in a telephone directory, other directory assistance database, or on the Internet. A person misrepresents the geographical location of the business under this subsection if the name of the business, or any other part of the listing, indicates that the business is located in a geographical area and all of the following apply:
(1) The business is not located within the geographical area indicated.
(2) The listing fails to identify the municipality and state of the business's geographical location.
(3) A telephone call to the local telephone number listed in the telephone directory, directory assistance database, or on the Internet routinely is forwarded or transferred to a location that is outside the calling area covered by the telephone directory or directory assistance database in which the number is listed, or outside the local calling area for the local telephone number posted on the Internet.
(b) A person who is in the business of supplying a perishable product shall not misrepresent the geographical location of the business in print advertisement. A person misrepresents the geographical location of the business under this subsection if a fictitious business name, an assumed business name, or any other part of the advertisement is listed in print advertisement and all of the following apply:
(1) The name or any other part of the advertisement misrepresents the geographic location of the supplier.
(2) A telephone call to the local telephone number listed on the print advertisement routinely is forwarded or transferred to a location that is outside the calling area in which the number is listed.
(c) A person who misrepresents the geographical location of the business under subsection (a) or subsection (b) of this section is not in violation of this section if a conspicuous notice in the listing or in the print advertisement states the municipality and state in which the business is located and identifies this as the location of the business.
(d) For purposes of this section, a newspaper publisher, magazine or other publication, telephone directory or directory assistance service, its officer or agent, the owner or operator of a radio or television station, or any other owner or operator of a media primarily devoted to listing phone numbers or to advertising who publishes, broadcasts, or otherwise disseminates a directory, a database, or print advertisement in good faith without knowledge of its false, deceptive, or misleading character is immune from liability under this section unless the directory service, the database service, or the advertiser is the same person as the person, firm, or corporation that has committed the act prohibited by this section.
(e) A violation of this section is an unfair trade practice under G.S. 75-1.1. (2007-545, s. 1; 2009-199, s. 1.)
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.
§ 75-16 - Civil action by person injured; treble damages.
§ 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.
§ 75-37 - Declaration of State public policy.
§ 75-39 - Conditioning services on electric service prohibited.
§ 75-40 - Deadline for mailing consumer rebates.
§ 75-41 - Contracts with automatic renewal clauses.
§ 75-43 - Solicitation of a fee for copy of recorded documents.