§ 75-16.1. Attorney fee. - North Carolina Statutes

§75‑16.1.  Attorney fee.

In any suit instituted by aperson who alleges that the defendant violated G.S. 75‑1.1, the presidingjudge may, in his discretion, allow a reasonable attorney fee to the dulylicensed attorney representing the prevailing party, such attorney fee to betaxed as a part of the court costs and payable by the losing party, upon afinding by the presiding judge that:

(1)        The party chargedwith the violation has willfully engaged in the act or practice, and there wasan unwarranted refusal by such party to fully resolve the matter whichconstitutes the basis of such suit; or

(2)        The partyinstituting the action knew, or should have known, the action was frivolous andmalicious. (1973, c. 614, s. 1; 1983, c. 417, s. 2.)