(a) A person or entitywho receives an unsolicited advertisement in violation of this Article maybring any of the following actions in civil court:
(1) An action to enjoinfurther violations of this Article by the person or entity who sent theunsolicited advertisement.
(2) An action to recoverfive hundred dollars ($500.00) for the first violation, one thousand dollars($1,000) for the second violation, and five thousand dollars ($5,000) for thethird and any other violation that occurs within two years of the firstviolation.
(b) In an actionbrought pursuant to this Article, the court may award a prevailing plaintiffreasonable attorneys' fees if the court finds the defendant willfully engagedin the act or practice, and the court may award reasonable attorneys' fees to aprevailing defendant if the court finds that the plaintiff knew, or should haveknown, that the action was frivolous and malicious.
(c) Actions brought bya person or entity pursuant to this section shall be tried in the county wherethe plaintiff resides at the time of the commencement of the action.
(d) This section shallnot be construed to alter or restrict any remedy a person may have underfederal law, including the Junk Fax Prevention Act of 2005, against a person orentity who sends an unsolicited advertisement.
(e) A violation of G.S.75‑116 is a violation of G.S. 75‑1.1. (2006‑207, s. 1.)
(a) A person or entitywho receives an unsolicited advertisement in violation of this Article maybring any of the following actions in civil court:
(1) An action to enjoinfurther violations of this Article by the person or entity who sent theunsolicited advertisement.
(2) An action to recoverfive hundred dollars ($500.00) for the first violation, one thousand dollars($1,000) for the second violation, and five thousand dollars ($5,000) for thethird and any other violation that occurs within two years of the firstviolation.
(b) In an actionbrought pursuant to this Article, the court may award a prevailing plaintiffreasonable attorneys' fees if the court finds the defendant willfully engagedin the act or practice, and the court may award reasonable attorneys' fees to aprevailing defendant if the court finds that the plaintiff knew, or should haveknown, that the action was frivolous and malicious.
(c) Actions brought bya person or entity pursuant to this section shall be tried in the county wherethe plaintiff resides at the time of the commencement of the action.
(d) This section shallnot be construed to alter or restrict any remedy a person may have underfederal law, including the Junk Fax Prevention Act of 2005, against a person orentity who sends an unsolicited advertisement.
(e) A violation of G.S.75‑116 is a violation of G.S. 75‑1.1. (2006‑207, s. 1.)
(a) A person or entitywho receives an unsolicited advertisement in violation of this Article maybring any of the following actions in civil court:
(1) An action to enjoinfurther violations of this Article by the person or entity who sent theunsolicited advertisement.
(2) An action to recoverfive hundred dollars ($500.00) for the first violation, one thousand dollars($1,000) for the second violation, and five thousand dollars ($5,000) for thethird and any other violation that occurs within two years of the firstviolation.
(b) In an actionbrought pursuant to this Article, the court may award a prevailing plaintiffreasonable attorneys' fees if the court finds the defendant willfully engagedin the act or practice, and the court may award reasonable attorneys' fees to aprevailing defendant if the court finds that the plaintiff knew, or should haveknown, that the action was frivolous and malicious.
(c) Actions brought bya person or entity pursuant to this section shall be tried in the county wherethe plaintiff resides at the time of the commencement of the action.
(d) This section shallnot be construed to alter or restrict any remedy a person may have underfederal law, including the Junk Fax Prevention Act of 2005, against a person orentity who sends an unsolicited advertisement.
(e) A violation of G.S.75‑116 is a violation of G.S. 75‑1.1. (2006‑207, s. 1.)
