Deceptive Trade Force In Mecklenburg
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Violating the UDTPA subjects a defendant to potential treble (triple) damages, costs, and attorney's fees. It has a four-year statute of limitations.
Derives independent actual or potential commercial value from not being generally known or readily ascertainable through independent development or reverse engineering by persons who can obtain economic value from its disclosure or use; and.
Unfair trade practices are practices that grossly deviate from good commercial conduct and are contrary to good faith and fair dealing. 1 Unfair trading practices are typically imposed in a situation of imbalance by a stronger party on a weaker one, and can exist from any side of the B2B relationship.
(These practices are commonly called misleading or unfair business practices.) They include false advertising, misrepresentation, tied selling, and failing to comply with regulations. Under consumer protection laws, they are illegal and can lead to compensatory or punitive damages.
An act or practice is unfair when it (1) causes or is likely to cause substantial injury to consumers, (2) cannot be reasonably avoided by consumers, and (3) is not outweighed by countervailing benefits to consumers or to competition. Congress codified the three-part unfairness test in 1994.
§ 75-16.2. Any civil action brought under this Chapter to enforce the provisions thereof shall be barred unless commenced within four years after the cause of action accrues.
Types of Unfair Trade Practices ① Refusal to Deal. ② Discriminatory Treatment. ③ Exclusion of a Competitor. ④ Unfair Solicitation of Customers. ⑤ Coercion of Transaction. ⑥ Abuse of Superior Bargaining Position. ⑦ Imposing Binding Conditional Trade. ⑧ Obstruction of Business Activities.