In any suit instituted by the Attorney General, in which the defendant is found to have violated G.S. 75-1.1 and the acts or practices which constituted the violation were, when committed, knowingly violative of a statute, the court may, in its discretion, impose a civil penalty against the defendant of up to five thousand dollars ($5,000) for each violation. In any action brought by the Attorney General pursuant to this Chapter in which it is shown that an action or practice when committed was specifically prohibited by a court order, the Court may, in its discretion, impose a civil penalty of up to five thousand dollars ($5,000) for each violation. Civil penalties may be imposed in a new action or by motion in an earlier action, whether or not such earlier action has been concluded. In determining the amount of the civil penalty, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of such conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the person, whether corporate or individual, and any corrective action taken by the defendant. The clear proceeds of penalties so assessed shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. (1977, c. 747, s. 3; 1983, c. 721, s. 1; 1998-215, s. 99.)
Notes of Decisions
Holley v. Coggin Pontiac, Inc., 259 S.E.2d 1 (N.C. Ct. App. 1979).
· cites it 5× “It would not be proper for this Court to strain to infer that the General Assembly meant the treble damages provision of Chapter 75 to be a penalty where, in the preceding statutory section, the General Assembly has expressly created a “penalty” denominated as such and reserved…”
Marshall v. Miller, 276 S.E.2d 397 (N.C. 1981).
“The court may impose civil penalties in suits instituted by the Attorney General in which the defendant is found to have violated G.”
Marshall v. Miller, 268 S.E.2d 97 (N.C. Ct. App. 1980).
· cites it 2× “1 in suits brought by the Attorney General, provisions which substantially follow the federal scheme for enforcement of § 5 of the Federal Trade Commission Act.”
Reid v. Ayers, 531 S.E.2d 231 (N.C. Ct. App. 2000).
“Notwithstanding the provisions of G.S. 75-15.2 and G.S. 75-16, in private actions or actions instituted by the Attorney General, civil penalties in excess of two thousand dollars ($2,000) shall not be imposed, nor shall damages be trebled for any violation under this Article.”
Friday v. United Dominion Realty Trust, Inc., 575 S.E.2d 532 (N.C. Ct. App. 2003).
“Notwithstanding the provisions of G.S. 75-15.2 and G.S. 75-16, in private actions or actions instituted by the Attorney General, civil penalties in excess of two thousand dollars ($2,000) shall not be imposed, nor shall damages be trebled for any violation under this Article.”
Simmons v. Kross Lieberman & Stone, Inc., 746 S.E.2d 311 (N.C. Ct. App. 2013).
“Notwithstanding the provisions of G.S. 75-15.2 and G.S. 75-16, in private *430 actions or actions instituted by the Attorney General, civil penalties in excess of two thousand dollars ($2,000) shall not be imposed, nor shall damages be trebled for any violation under this…”
Ken-Mar Fin. v. Harvey, 368 S.E.2d 646 (N.C. Ct. App. 1988).
“G.S. 75-15.2 and G.S. 75-16. Additionally, the North Carolina Consumer Finance Act, G.”
Llera v. Sec. Credit Sys., Inc., 93 F. Supp. 2d 674 (W.D.N.C. 2000).
“Notwithstanding the provisions of G.S. 75-15.2 and 75-16, civil penalties in excess of two thousand dollars ($2,000) for each violation shall not be imposed, nor shall damages be trebled for any violation under Part 3 of this Article.”
State v. Mcclure, 2005 NCBC 6 (N.C. Bus. Ct. 2005).
· cites it 3× “Specifically, plaintiffs argue that N.C.G.S. § 75-15.2, which authorizes civil penalties for claims brought by the Attorney General, is available only where the defendant is found to have violated N.”
State v. Orion Processing, LLC, 2017 NCBC 20 (N.C. Bus. Ct. 2017).
· cites it 4× “Pursuant to N.C. Gen. Stat. § 75-15.2 and § 14-425, in any suit brought by the Attorney General, in which the defendant is found to have violated N.”
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