North Carolina General Statutes 20-351.8. Remedies
In any action brought under this Article, the court may grant as relief:
(1) A permanent or temporary injunction or other equitable relief as the court deems just;
(2) Monetary damages to the injured consumer in the amount fixed by the verdict.? Such damages shall be trebled upon a finding that the manufacturer unreasonably refused to comply with N.C. Gen. Stat. § 20-351.2 or N.C. Gen. Stat. § 20-351.3? The jury may consider as damages all items listed for refund under N.C. Gen. Stat. § 20-351.3;
(3) A reasonable attorney’s fee for the attorney of the prevailing party, payable by the losing party, upon a finding by the court that:
a. The manufacturer unreasonably failed or refused to fully resolve the matter which constitutes the basis of such action; or
b. The party instituting the action knew, or should have known, the action was frivolous and malicious. (1987, c. 385.)
Terms Used In North Carolina General Statutes 20-351.8
- Consumer: means the purchaser, other than for purposes of resale, or lessee from a commercial lender, lessor, or from a manufacturer or dealer, of a motor vehicle, and any other person entitled by the terms of an express warranty to enforce the obligations of that warranty. See North Carolina General Statutes 20-351.1
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Manufacturer: means any person or corporation, resident or nonresident, who manufactures or assembles or imports or distributes new motor vehicles which are sold in the State of North Carolina. See North Carolina General Statutes 20-351.1
- Verdict: The decision of a petit jury or a judge.