N.C. Gen. Stat. » Chapter 75
NC General Statutes

N.C. Gen. Stat. § 75-16.1 (2026)

Attorney fee

✓ current as of July 2026
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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.)

 

Notes of Decisions
Cited in 239 cases (45 in the last 5 years), 1978–2026 · leading case: United Labs., Inc. v. Kuykendall, 437 S.E.2d 374 (N.C. 1993).
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United Labs., Inc. v. Kuykendall, 437 S.E.2d 374 (N.C. 1993). · cites it 60× “" Judge Owens found that United was entitled to recover from Share reasonable attorneys' fees in the amount of $250,000 pursuant to N.C.G.S. § 75-16.1. Judge Owens entered these conclusions as recitations in a "Judgment and Order" which further provided as follows: Plaintiff…”
Bumpers v. Cmty. Bank of N. Virginia, 695 S.E.2d 442 (N.C. 2010). · cites it 29× “Instead, the dispositive question here is whether an unresolved request for attorney fees under N.C.G.S. § 75-16.1 prevents a judgment ruling on all substantive issues of a claim under section 75-1.”
McKinnon v. CV Indus., Inc., 745 S.E.2d 343 (N.C. Ct. App. 2013). · cites it 31× “5 or N.C. Gen. Stat. § 75-16.1 and explained its award using both statutory frameworks.”
Printing Servs. of Greensboro, Inc. v. Am. Capital Grp., Inc., 637 S.E.2d 230 (N.C. Ct. App. 2006). · cites it 26× “1 rests within the sole discretion of the trial judge. And if fees are awarded, the amount also rests within the discretion of the trial court and we review such awards for abuse of discretion.”
Gray v. North Carolina Ins. Underwriting, 529 S.E.2d 676 (N.C. 2000). · cites it 15× “73; and that plaintiffs are entitled to reasonable attorneys’ fees pursuant to N.C.G.S. § 75-16.1. For the reasons stated below, we reverse and remand the decision of the Court of Appeals and hold that defendant violated N.”
Castle McCulloch, Inc. v. Freedman, 610 S.E.2d 416 (N.C. Ct. App. 2005). · cites it 24× “1, the presiding judge may, in his discretion, allow a reasonable 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: .”
Ge Betz, Inc. v. Conrad, 752 S.E.2d 634 (N.C. Ct. App. 2013). · cites it 12× “GE also sought reimbursement for attorneys’ fees from all defendants, jointly and severally, based on N.C. Gen. Stat. §§ 75-16.1 , 66454(d), and ID-45.”
Jones v. Harrelson & Smith Contractors, LLC, 670 S.E.2d 242 (N.C. Ct. App. 2008). · cites it 16× “00 on the fraud claim, *245 entry of an award of treble damages, and, in the trial court's discretion, an award of attorney's fees under N.C. Gen.Stat. § 75-16.1 (2007). Facts and Procedural History Hurricane Floyd struck North Carolina in September 1999, causing catastrophic…”
E. Brooks Wilkins Fam. Med., P.A. v. Wakemed, 784 S.E.2d 178 (N.C. Ct. App. 2016). · cites it 13× “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:…”
Shepard v. Bonita Vista Props., LP, 664 S.E.2d 388 (N.C. Ct. App. 2008). · cites it 14× “" See N.C. Gen.Stat. § 75-16.1 (2005) (allowing for an award of attorney's fees in Chapter 75 actions).”
Birmingham v. H&H Home Consultants & Designs, Inc., 658 S.E.2d 513 (N.C. Ct. App. 2008). · cites it 22× “On appeal, plaintiff argues the trial court erred by (1) granting the Barnes defendants’ motion for partial summary judgment; (2) granting the Barnes defendants’ motion dismissing plaintiff’s unfair and deceptive trade practices claim; and (3) awarding the Barnes defend *439…”
Country Club of Johnston Cnty., Inc. v. United States Fid. & Guar. Co., 563 S.E.2d 269 (N.C. Ct. App. 2002). · cites it 8× “1 ; and (5) attorney’s fees and costs were unwarranted under N.C. Gen. Stat. § 75-16.1 *238 (1999), and were unreasonable in amount.”
Show all 239 citing cases →
— N.C. Gen. Stat. § 75-16.1(1) — 13 cases
United Labs., Inc. v. Kuykendall, 437 S.E.2d 374 (N.C. 1993). “" Judge Owens found that United was entitled to recover from Share reasonable attorneys' fees in the amount of $250,000 pursuant to N.C.G.S. § 75-16.1. Judge Owens entered these conclusions as recitations in a "Judgment and Order" which further provided as follows: Plaintiff…”
Faucette v. 6303 Carmel Road, LLC, 775 S.E.2d 316 (N.C. Ct. App. 2015).
Peterson v. Bozzano (In Re Bozzano), 173 B.R. 990 (Bankr. M.D.N.C. 1994).
Shepard v. Bonita Vista Props., LP, 664 S.E.2d 388 (N.C. Ct. App. 2008). “" See N.C. Gen.Stat. § 75-16.1 (2005) (allowing for an award of attorney's fees in Chapter 75 actions).”
Printing Servs. of Greensboro, Inc. v. Am. Capital Grp., Inc., 637 S.E.2d 230 (N.C. Ct. App. 2006). “1 rests within the sole discretion of the trial judge. And if fees are awarded, the amount also rests within the discretion of the trial court and we review such awards for abuse of discretion.”
— N.C. Gen. Stat. § 75-16.1(2) — 10 cases
Ge Betz, Inc. v. Conrad, 752 S.E.2d 634 (N.C. Ct. App. 2013). “GE also sought reimbursement for attorneys’ fees from all defendants, jointly and severally, based on N.C. Gen. Stat. §§ 75-16.1 , 66454(d), and ID-45.”
E. Brooks Wilkins Fam. Med., P.A. v. Wakemed, 784 S.E.2d 178 (N.C. Ct. App. 2016). “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:…”
Vanwyk Textile Sys., B v. v. Zimmer Mach. Am., Inc., 994 F. Supp. 350 (W.D.N.C. 1997).
McKinnon v. CV Indus., Inc., 745 S.E.2d 343 (N.C. Ct. App. 2013). “5 or N.C. Gen. Stat. § 75-16.1 and explained its award using both statutory frameworks.”
Castle McCulloch, Inc. v. Freedman, 610 S.E.2d 416 (N.C. Ct. App. 2005). “1, the presiding judge may, in his discretion, allow a reasonable 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: .”
— N.C. Gen. Stat. § 75-16.1(l)(1973) — 1 case
Atl. Purchasers, Inc., Stella Maris Inn, Ltd. v. Aircraft Sales, Inc., Donald J. Anklin, 705 F.2d 712 (4th Cir. 1983).
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