§ 75-42. Deceptive representation of geographical location in telephone directory, print advertisement, or on the Internet. - North Carolina Statutes

§ 75‑42.  Deceptiverepresentation of geographical location in telephone directory, printadvertisement, or on the Internet.

(a)        A person who is inthe business of supplying a perishable product shall not misrepresent thegeographical location of the business in the listing of the business in atelephone directory, other directory assistance database, or on the Internet. Aperson misrepresents the geographical location of the business under thissubsection if the name of the business, or any other part of the listing,indicates that the business is located in a geographical area and all of thefollowing apply:

(1)        The business is notlocated within the geographical area indicated.

(2)        The listing fails toidentify the municipality and state of the business's geographical location.

(3)        A telephone call tothe local telephone number listed in the telephone directory, directoryassistance database, or on the Internet routinely is forwarded or transferredto a location that is outside the calling area covered by the telephonedirectory or directory assistance database in which the number is listed, oroutside the local calling area for the local telephone number posted on theInternet.

(b)        A person who is inthe business of supplying a perishable product shall not misrepresent thegeographical location of the business in print advertisement. A personmisrepresents the geographical location of the business under this subsectionif a fictitious business name, an assumed business name, or any other part ofthe advertisement is listed in print advertisement and all of the followingapply:

(1)        The name or anyother part of the advertisement misrepresents the geographic location of thesupplier.

(2)        A telephone call tothe local telephone number listed on the print advertisement routinely isforwarded or transferred to a location that is outside the calling area inwhich the number is listed.

(c)        A person whomisrepresents the geographical location of the business under subsection (a) orsubsection (b) of this section is not in violation of this section if aconspicuous notice in the listing or in the print advertisement states themunicipality and state in which the business is located and identifies this asthe location of the business.

(d)        For purposes ofthis section, a newspaper publisher, magazine or other publication, telephonedirectory or directory assistance service, its officer or agent, the owner oroperator of a radio or television station, or any other owner or operator of amedia primarily devoted to listing phone numbers or to advertising whopublishes, broadcasts, or otherwise disseminates a directory, a database, orprint advertisement in good faith without knowledge of its false, deceptive, ormisleading character is immune from liability under this section unless thedirectory service, the database service, or the advertiser is the same personas the person, firm, or corporation that has committed the act prohibited bythis section.

(e)        A violation of thissection is an unfair trade practice under G.S. 75‑1.1.  (2007‑545, s. 1; 2009‑199,s. 1.)