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Business Litigation

Unfair Trade Practices/Fraud

If you have been financially injured by another person’s unethical business practices, you may be able to recover damages pursuant to a claim for fraud, unfair and deceptive trade practices, or both. Our firm’s civil litigation attorneys are experienced in representing clients in cases involving business torts.

Our attorneys have obtained numerous judgments and trial verdicts in cases between business owners where our clients were allowed to recover treble (triple) damages and attorney fees based on the defendant’s intentionally deceptive conduct. Many of these cases have involved representations made to induce a party to enter into a business contract, such as a lease or asset purchase agreement. On multiple occasions, our business litigation lawyers have successfully obtained judgments and recovered settlement funds against defendants who made material representations to convince our clients to do a business deal.

To successfully prove a claim for fraud in a North Carolina Court, the following elements must be present in your case:

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. If there is a common scheme by a company, consumer fraud cases can sometimes receive class action treatment.

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:

“Unfair or deceptive act or practice” is a very broad phrase, so the attorneys of Maginnis Howard 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. You also can sometimes recover punitive damages if the actions are deemed to be unfair and deceptive.

If another person or business tricked you into buying their company, or into doing a deal with them, we may be able to help. Our civil litigation attorneys offer free consultations for all fraud/unfair deceptive trade practice cases. We offer a variety of billing arrangements, including hourly, contingency, or some flexible rate that allows you the opportunity to pursue your claim.