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STATE EX REL. EDMISTEN v. J. C. PENNEY CO.

No. 75.

233 S.E.2d 895 (1977)

292 N.C. 311

STATE of North Carolina ex rel. Rufus L. EDMISTEN, Attorney General v. J. C. PENNEY COMPANY, INC.

Supreme Court of North Carolina.

April 14, 1977.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Alan S. Hirsch, Associate Atty., Raleigh, for the State.

Smith, Anderson, Blount & Mitchell by John H. Anderson and Henry A. Mitchell, Jr., Raleigh and Alston, Miller & Gaines by Sidney O. Smith, Jr., Atlanta, for defendant-appellant.

David M. Fitzgerald, Washington, D.C., for the Federal Trade Commission as amicus curiae.

Jordan, Morris & Hoke by John R. Jordan, Jr. and R. W. Newsom, III, Raleigh, for the North Carolina Bankers Association, Inc. as amicus curiae

Johnson, Gamble & Shearon by Samuel H. Johnson, Raleigh, for the North Carolina Merchants Association, Inc. as amicus curiae.

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...

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