State Codes and Statutes

Statutes > North-carolina > Chapter_66 > GS_66-266

§66‑266.  Penalties.

(a)        Any violation ofthis Article shall constitute an unfair and deceptive trade practice inviolation of G.S. 75‑1.1.

(b)        In an action by theAttorney General against a telephonic seller for violation of this Article, orfor any other act or practice by a telephonic seller constituting a violationof G.S. 75‑1.1, the court may impose civil penalties of up to twenty‑fivethousand dollars ($25,000) for each violation involving North Carolinapurchasers or prospective purchasers who are 65 years of age or older.

(c)        The remedies andpenalties available under this section shall be supplemental to othersavailable under the law, both civil and criminal.

(d)        Compliance withthis Article does not satisfy or substitute for any other requirements forlicense, registration, or conduct imposed by law.

(e)        In any civilproceeding alleging a violation of this Article, the burden of proving anexemption or an exception from a definition is upon the person claiming it, andin any criminal proceeding alleging a violation of this Article, the burden ofproducing evidence to support a defense based upon an exemption or an exceptionfrom a definition is upon the person claiming it. (1997‑482, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_66 > GS_66-266

§66‑266.  Penalties.

(a)        Any violation ofthis Article shall constitute an unfair and deceptive trade practice inviolation of G.S. 75‑1.1.

(b)        In an action by theAttorney General against a telephonic seller for violation of this Article, orfor any other act or practice by a telephonic seller constituting a violationof G.S. 75‑1.1, the court may impose civil penalties of up to twenty‑fivethousand dollars ($25,000) for each violation involving North Carolinapurchasers or prospective purchasers who are 65 years of age or older.

(c)        The remedies andpenalties available under this section shall be supplemental to othersavailable under the law, both civil and criminal.

(d)        Compliance withthis Article does not satisfy or substitute for any other requirements forlicense, registration, or conduct imposed by law.

(e)        In any civilproceeding alleging a violation of this Article, the burden of proving anexemption or an exception from a definition is upon the person claiming it, andin any criminal proceeding alleging a violation of this Article, the burden ofproducing evidence to support a defense based upon an exemption or an exceptionfrom a definition is upon the person claiming it. (1997‑482, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_66 > GS_66-266

§66‑266.  Penalties.

(a)        Any violation ofthis Article shall constitute an unfair and deceptive trade practice inviolation of G.S. 75‑1.1.

(b)        In an action by theAttorney General against a telephonic seller for violation of this Article, orfor any other act or practice by a telephonic seller constituting a violationof G.S. 75‑1.1, the court may impose civil penalties of up to twenty‑fivethousand dollars ($25,000) for each violation involving North Carolinapurchasers or prospective purchasers who are 65 years of age or older.

(c)        The remedies andpenalties available under this section shall be supplemental to othersavailable under the law, both civil and criminal.

(d)        Compliance withthis Article does not satisfy or substitute for any other requirements forlicense, registration, or conduct imposed by law.

(e)        In any civilproceeding alleging a violation of this Article, the burden of proving anexemption or an exception from a definition is upon the person claiming it, andin any criminal proceeding alleging a violation of this Article, the burden ofproducing evidence to support a defense based upon an exemption or an exceptionfrom a definition is upon the person claiming it. (1997‑482, s. 1.)