Claim for Unfair and Deceptive Trade Practices In North Carolina

In order for plaintiff to prevail on a claim for unfair and deceptive trade practices, plaintiff must demonstrate the existence of three factors: "(1) an unfair or deceptive act or practice, or unfair method of competition; (2) in or affecting commerce; (3) which proximately caused actual injury to the plaintiff or his business." Murray v. Nationwide Mutual Ins. Co., 123 N.C. App. 1, 9, 472 S.E.2d 358, 362 (1996), disc. review denied, 345 N.C. 344, 483 S.E.2d 173 (1997) (citation omitted). Viewing the evidence in the light most favorable to the nonmoving party, the plaintiff has demonstrated a genuine issue of material fact as to its Chapter 75 claim. A practice is unfair when "it is immoral, unethical, oppressive, unscrupulous, or substantially injurious to consumers." Edwards v. West, 128 N.C. App. 570, 574, 495 S.E.2d 920, 924 (1998). A trade practice is deceptive if it "has the capacity or tendency to deceive." Id. However, the plaintiff does not have to show deliberate acts of deceit or bad faith. Id.