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.
When any civil or criminal proceeding shall be commenced by the Attorney General or by any of the district attorneys of the State to prevent, restrain or punish a violation of Chapter 75, the running of the period of limitation with respect to every private right of action arising under Chapter 75 and based in whole or in part on any matter complained of in said proceeding shall be suspended during the pendency thereof and for one year thereafter; provided that when the running of the period of limitation with respect to a cause of action arising under Chapter 75 shall be suspended hereunder, any action to enforce such cause of action shall be barred unless commenced either within the period of suspension or within four years after the cause of action accrued, whichever is later. (1979, c. 169, s. 1.)
Notes of Decisions
Williams v. HomEq Servicing Corp., 646 S.E.2d 381 (N.C. Ct. App. 2007).
· cites it 12× “Alternatively, HomEq argues that even if the telephone calls violated § 75-52(3), a majority of the calls were made before 2001, and any action by the plaintiffs is barred by the statute of limitations.”
United States v. Ward, 618 F. Supp. 884 (E.D.N.C. 1985).
· cites it 6× “The Ward defendants also move to dismiss Norry Electric’s unfair trade practices claim based on the alleged kickback scheme.”
Shepard v. Ocwen Fed. Bank, FSB, 638 S.E.2d 197 (N.C. 2006).
· cites it 6× “Therefore, because we hold that this claim accrued at closing, the trial court properly dismissed plaintiffs' complaint on this issue.”
Holley v. Coggin Pontiac, Inc., 259 S.E.2d 1 (N.C. Ct. App. 1979).
· cites it 5× “2, to be codified as G.S. § 75-16.2), is three years. In 1969 the North Carolina Legislature adopted the language of G.”
Hinson v. United Fin. Servs., Inc., 473 S.E.2d 382 (N.C. Ct. App. 1996).
· cites it 5× “N.C. Gen. Stat. § 75-16.2 (1994). With the appropriate statutes of limitation so stated, plaintiff’s causes of action necessarily pivot on a determination of the date the relevant statutes of limitation began to run.”
Barbee v. Atl. Marine Sales & Serv., Inc., 446 S.E.2d 117 (N.C. Ct. App. 1994).
· cites it 5× “The applicable statute of limitation provides, in pertinent part, that “[a]ny 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.”
Skinner v. Preferred Credit, 616 S.E.2d 676 (N.C. Ct. App. 2005).
· cites it 4× “§ 1-52(2)-(3) (2003) (statute of limitations for usury claims is two years); see also N.C. Gen.Stat. § 75-16.2 (2003) (statute of limitations for unfair and deceptive trade practices claims is four years).”
Hunter v. Guardian Life Ins. Co. of Am., 593 S.E.2d 595 (N.C. Ct. App. 2004).
· cites it 2× “N.C. Gen. Stat. § 75-16.2 (2003). “A cause of action generally accrues and the statute of limitations begins to run as soon as the right to institute and maintain a suit arises.”
Christenbury Eye Ctr., P.A. v. Medflow, Inc., 802 S.E.2d 888 (N.C. 2017).
“§ 75-16.2. Based upon the purported claims having arisen at the latest by October 2000, the three-year statute of limitations would have run in October 2003, and the four-year statute of limitations would have run in October 2004.”
Fed. Nat'l Mortg. Ass'n v. Quicksilver LLC, 155 F. Supp. 3d 535 (M.D.N.C. 2015).
· cites it 2× “N.C. Gen. Stat. § 75-16.2 . “A cause of action generally accrues and the statute of limitations begins to run as soon as the right to institute and maintain a suit arises.”
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