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BUMPERS v. COMMUNITY BANK OF NORTHERN VA.

No. 269PA09-2.

747 S.E.2d 220 (2013)

Travis T. BUMPERS and Troy Elliott, on behalf of themselves and all others similarly situated v. COMMUNITY BANK OF NORTHERN VIRGINIA.

Supreme Court of North Carolina.

August 28, 2013.

Attorney(s) appearing for the Case

Hartzell & Whiteman, L.L.P., Raleigh, by J. Jerome Hartzell , for plaintiff-appellees.

Ellis & Winters LLP, Raleigh, by Matthew W. Sawchak , Stephen D. Feldman , Kelly Margolis Dagger , and Meghan Skirving Thelen , for defendant-appellant.

Robinson, Bradshaw & Hinson, P.A., Charlotte, by John R. Wester and Adam K. Doerr , for NC Chamber, amicus curiae.

NC Justice Center, by Carlene McNulty , and Center for Responsible Lending, by Michael D. Calhoun, amici curiae.

North Carolina Department of Justice, by Gary R. Govert , Assistant Solicitor General, and Philip A. Lehman , Assistant Attorney General, for Roy Cooper, Attorney General, amicus curiae.

NEWBY, Justice.

In this case we explore the application of section 75-1.1 of our General Statutes, the unfair and deceptive practices statute, to the consumer loan market. First, we must decide whether an action for misrepresentation under section 75-1.1 requires reliance by a borrower who accuses a lender of collecting a fee for a discounted loan without actually charging a discounted interest rate. Second, we must determine whether section 75-1.1 imposes a price...

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