State Ex Rel. Edmisten v. J. C. Penney Co.

COPELAND, Justice.

The question before the court on this appeal is whether the activities of merchants attempting to collect funds allegedly owed them were intended to be, and constitutionally can be, subject to G.S. 75-1.1.* The burden of proof on this issue falls upon the defendant who seeks to exempt himself from the statute’s embrace. G.S. 75-1.1 (d).

The statute, enacted by the legislature in 1969, provides in relevant part:

“Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.” G.S. 75-1.1 (a).…