What is the burden of proof for proving deceptive or unfair practices?

In North Carolina, a plaintiff must prove a deceptive or unfair practice by a preponderance of the evidence. This means that the plaintiff must show that it is more likely than not that the defendant engaged in deceptive or unfair practices. There is no strict formula or percentage for how much evidence is necessary to prove deceptive or unfair practices; instead, the court must weigh all of the evidence presented to determine whether the plaintiff has met this burden. The evidence used to prove deceptive or unfair practices may include witness testimony, documents, photographs, contracts, financial records, and expert testimony. Additionally, circumstantial evidence, such as evidence of a pattern of deceptive business practices or evidence of a defendant’s intent to deceive, may be used to prove deceptive or unfair practices. In cases involving consumer fraud, the plaintiff must also prove intent. This generally means that the plaintiff must show that the defendant knew or should have known that their conduct was deceptive or unfair before they engaged in it. A defendant’s knowledge of the deceptive or unfair nature of their conduct can be proven directly through documents, witness testimony, or other forms of evidence. Alternatively, courts may infer the defendant’s knowledge from the surrounding circumstances.

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What is the burden of proof for proving deceptive or unfair practices?

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