Fraud/Unfair & Deceptive Trade Practices

Under state and federal law, companies that intentionally mislead or defrauded consumers about the character of their business or services may be subject to fines and penalties. Additionally, they may be liable for any harm suffered by their consumers. At Arnold & Smith, PLLC, our attorneys work alongside consumers, regulators, and state officials to bring suit against companies who are engaging in unfair and deceptive trade practices.

At Arnold & Smith, PLLC, we represent clients who have been the victims of:

• False Advertising
• Failure to disclose loan conditions
• Libel or slander of another companies products or services
• Refusal to honor sales warranty
• Misrepresentations
• Taking advantage of the elderly
• Interference with another’s contracts
• Overcharging of customers
• Monopolies
• Fraud

Many companies will try to avoid these types of suits by destroying evidence and denying allegations. As a result, it is imperative that you try to save any correspondence, contracts, phone messages, receipts, or other documents that may pertain to your case.

Keeping a list of the people that you talked with or met with will also be important to your claim. You should keep track of which sales people, customer services representatives, supervisors, and managers you spoke with and how long each conversation lasted. The more information and records you are able to maintain, the easier it will be to contradict the arguments of the opposing side and to establish credibility.

According to North Carolina statute, every restraint of trade or commerce is considered illegal and a criminal felony. However, the real protection provided by the statute is that it allows for civil remedies. In order to successfully win a civil claim, an individual must show that:

• There was an unfair practice
• This practice was in commerce or affected commerce
• And that this unfair practice caused an actual injury to the party making the claim.

Unfortunately, an unfair or deceptive trade practice can be very difficult to define. Courts have held that the practices must be judged by the specific circumstances of the case. In making this determination, courts will look at whether the practice can be considered immoral, offensive, unethical, or potentially unfair to consumers.

A jury is usually responsible for determining whether the actual acts of the accused party took place. Here it is important to have an attorney who is experienced in litigation and understands how to present your case to a jury. At Arnold & Smith, PLLC, our attorneys have years of experience in the North Carolina court system and are prepared argue your case to the fullest extent.

After the jury has made their determination, it is often left up to the judge to decide whether or not a certain practice was in violation of the law. Our experienced attorneys can argue the nuances of the law to the court and help establish your claim. Unfair and deceptive trade practices can take many forms and these claims require an attorney who can argue the specific circumstances of the case in order to prove that the practice was injurious to their client.

Whether you have been the victim of a lender, retailer, creditor, or insurance company, Arnold & Smith, PLLC can help you seek the outcome you deserve. An accused business will hire legal counsel and will deny all allegations. At Arnold & Smith, PLLC, we are prepared to aggressively defend your claim and prove our allegation of a deceptive practice. If you have suffered a financial injury from a deceptive or fraudulent business, contact Arnold & Smith, PLLC today.