(a) A person or entity who receives an unsolicited advertisement in violation of this Article may bring any of the following actions in civil court:
(1) An action to enjoin further violations of this Article by the person or entity who sent the unsolicited advertisement.
(2) An action to recover five hundred dollars ($500.00) for the first violation, one thousand dollars ($1,000) for the second violation, and five thousand dollars ($5,000) for the third and any other violation that occurs within two years of the first violation.
(b) In an action brought pursuant to this Article, the court may award a prevailing plaintiff reasonable attorneys' fees if the court finds the defendant willfully engaged in the act or practice, and the court may award reasonable attorneys' fees to a prevailing defendant if the court finds that the plaintiff knew, or should have known, that the action was frivolous and malicious.
(c) Actions brought by a person or entity pursuant to this section shall be tried in the county where the plaintiff resides at the time of the commencement of the action.
(d) This section shall not be construed to alter or restrict any remedy a person may have under federal law, including the Junk Fax Prevention Act of 2005, against a person or entity who sends an unsolicited advertisement.
(e) A violation of G.S. 75-116 is a violation of G.S. 75-1.1. (2006-207, s. 1.)
Last modified: March 23, 2014