Raleigh Fraud and Unfair and Deceptive Trade Practices Attorney
To successfully prove a claim for fraud in a North Carolina Court, the following elements must be present in your case:
(1) Another person made a false representation or concealment of a material fact;
(2) Reasonably calculated to deceive;
(3) Made with intent to deceive;
(4) Which does in fact deceive;
(5) Resulting in damage to you.
If your claim against another party involves each of these elements, you will be entitled to both compensatory and punitive damages. Under North Carolina law, a jury can award punitive damages of $250,000 or three times your actual damages.
Unfair and Deceptive Trade Practices
North Carolina statutory law also provides a civil cause of action known as unfair and deceptive trade practices. If the following elements are proven, the amount of your actual damages is automatically tripled and the Court may also award your attorneys’ fees:
(1) Another person committed an unfair or deceptive act or practice;
(2) In or affecting commerce; and
(3) You were injured as a result.
“Unfair or deceptive act or practice” is a very broad phrase, so the attorneys of Maginnis Law will thoroughly review the facts of your case to determine whether a jury could find this element in your case. In most situations, a simple breach of contract is not unfair or deceptive. There must be aggravating factors in order for you to recover treble damages.
The civil litigation attorneys of Maginnis Law offer free consultations for all cases from Wake, Durham, Alamance, Orange, and Johnston Counties, including cases from Raleigh, Durham, Chapel Hill, Cary, Apex, Morrisville, Wake Forest, Zebulon, and the surrounding Triangle Area. We offer a variety of billing arrangements, including hourly, flat rate, and contingency.
Contact the Firm
You may contact one of the firm’s business lawyers at 919.526.0450 to discuss a fraud or unfair and deceptive trade practices claim. You may also email one of our attorneys using our contact page.