Nobel v. Foxmoor Group, LLC
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The Supreme Court affirmed the decision of the court of appeals reversing the decision of the trial court concluding that Plaintiff's claims were beyond the scope of the North Carolina Unfair or Deceptive Trade Practices Act, holding that the court of appeals did not err.
Plaintiffs brought this action alleging that Defendants, acting individually and corporately, engaged in unfair and deceptive trade practices in and affecting commerce, in violation of N.C. Gen. Stat. 75-1, et seq. The trial court determined that Defendants had violated the Act and awarded treble damages. The court of appeals reversed, concluding that the conduct at issue was not "in or affecting commerce." The Supreme Court affirmed, holding that the conduct was not "in or affecting commerce" for purposes of the Act, and moreover, Plaintiff was not a market participant protected under the Act.
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