North Carolina General Statutes 66-266. Penalties
Terms Used In North Carolina General Statutes 66-266
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes any individual, firm, association, corporation, partnership, joint venture, or any other business entity. See North Carolina General Statutes 66-260
- seller: means a person who, directly or through salespersons, causes a telephone solicitation or attempted telephone solicitation to occur. See North Carolina General Statutes 66-260
(a) Any violation of this Article shall constitute an unfair and deceptive trade practice in violation of N.C. Gen. Stat. § 75-1.1
(b) In an action by the Attorney General against a telephonic seller for violation of this Article, or for any other act or practice by a telephonic seller constituting a violation of N.C. Gen. Stat. § 75-1.1, the court may impose civil penalties of up to twenty-five thousand dollars ($25,000) for each violation involving North Carolina purchasers or prospective purchasers who are 65 years of age or older.
(c) The remedies and penalties available under this section shall be supplemental to others available under the law, both civil and criminal.
(d) Compliance with this Article does not satisfy or substitute for any other requirements for license, registration, or conduct imposed by law.
(e) In any civil proceeding alleging a violation of this Article, the burden of proving an exemption or an exception from a definition is upon the person claiming it, and in any criminal proceeding alleging a violation of this Article, the burden of producing evidence to support a defense based upon an exemption or an exception from a definition is upon the person claiming it. (1997-482, s. 1.)