§ 75-105. Enforcement. - North Carolina Statutes

§ 75‑105.  Enforcement.

(a)        The AttorneyGeneral may investigate any complaints received alleging violation of thisArticle. If the Attorney General finds that there has been a violation of thisArticle, the Attorney General may bring an action to impose civil penalties andto seek any other appropriate relief pursuant to this Chapter, includingequitable relief to restrain the violation. If the Attorney General brings anaction on behalf of telephone subscribers pursuant to subsection (b) of thissection, the Attorney General may not seek treble damages on behalf oftelephone subscribers pursuant to G.S. 75‑16. Actions for civil penaltiesunder this section shall be consistent with the provisions of this Chapterexcept that the penalty imposed for a violation of this Article shall be eitherof the following:

(1)        Five hundred dollars($500.00) for the first violation, one thousand dollars ($1,000) for the secondviolation, and five thousand dollars ($5,000) for the third and any otherviolation that occurs within two years of the first violation.

(2)        One hundred dollars($100.00) for each violation within two years of the first violation, if thesolicitor can show that the violations are the result of a mistake and thetelephone solicitor either made the telephone solicitation under G.S. 75‑103(a)(1),(2), (3), (4), and (5), or can show that the telephone solicitor complied withG.S. 75‑102(d).

(b)        A telephonesubscriber who has received a telephone solicitation from or on behalf of atelephone solicitor in violation of this Article may bring any of the followingactions in civil court:

(1)        An action to enjoinfurther violations of this Article by the telephone solicitor.

(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.

(c)        No action may bebrought under subsection (b) of this section if the violations are a result ofmistake and the telephone solicitor either made the telephone solicitationunder G.S. 75‑103(a)(1), (2), (3), (4), and (5), or can show that thetelephone solicitor complied with G.S. 75‑102(d).

(d)        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.

(e)        A citizen of thisState may also bring an action in civil court to enforce the private rights ofaction established by federal law under 47 U.S.C. § 227(b)(3) and 47 U.S.C. §227(c)(5).

(f)         Actions brought bytelephone subscribers pursuant to this section shall be tried in the countywhere the plaintiff resides at the time of the commencement of the action. (2003‑411, s. 3.)