Bill Summary for H 341 (2021)

Summary date: 

Jun 8 2021

Bill Information:

View NCGA Bill Details2021
House Bill 341 (Public) Filed Monday, March 22, 2021
AN ACT MAKING IMPERSONATION OF AN ACTUAL PERSON OVER THE INTERNET FOR CERTAIN UNLAWFUL PURPOSES A CLASS H FELONY AND PROTECTING CONSUMERS FROM MISLEADING OR FICTITIOUS COMMUNICATIONS DESIGNED TO ELICIT A RESPONSE OR FOR A STUDY, SURVEY, MARKETING, OR OTHER PURPOSE.
Intro. by White, Strickland.

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Bill summary

Senate committee substitute makes the following changes to the 2nd edition.

Enacts new GS 75-44, deeming it an unfair trade practice for a person to solicit information, feedback, or any other response from another person by sending a fictitious communication that is designed to elicit a response from the recipient, punishable by (1) all enforcement and penalty provisions of Article 1, GS Chapter 75; (2) punitive damages of at least $50,000 per violation upon a finding of aggravating factors under State law; and (3) attorneys' fees and costs. Defines fictitious communication as any communication, written or oral, where the sender is intentionally misrepresenting the sender's identity to the recipient. Defines person to include nonprofit and for-profit firms and corporations, including educational institutions, and deems those conducting research to be engaged in commerce, as defined by State law. Effective October 1, 2021.

Makes technical changes to the act's effective date provision. Makes conforming changes to the act's long title. 

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