The North Carolina General Assembly enacted the Unfair and Deceptive Trade Practices Act in 1969. The original purpose of the act was to protect consumers from predatory business practices. Nonetheless, the North Carolina Supreme Court has sanctioned an expanded application of the act to cases involving sophisticated commercial parties. This article will attempt to demonstrate that it is poor public policy to apply section 75-1.1 to cases based upon an alleged breach of a commercial contract and that in at least those instances section 75-1.1 is unconstitutionally vague.
Thomas A. Farr, Unfair and Deceptive Legislation: The Case for Finding North Carolina General Statutes Section 75-1.1 Unconstitutionally Vague as Applied to an Alleged Breach of a Commercial Contract, 8 Campbell L. Rev. 421 (1986).