\n(a) Limitation of liability of secured party for noncompliance with Article. – Unless a secured party knows that a person is a debtor or obligor, knows the identity of the person, and knows how to communicate with the person:\n(1) The secured party is not liable to the person, or to a secured party or lienholder that has filed a financing statement against the person, for failure to comply with this Article; and\n(2) The secured party's failure to comply with this Article does not affect the liability of the person for a deficiency.\n(b) Limitation of liability based on status as secured party. – A secured party is not liable because of its status as secured party:\n(1) To a person that is a debtor or obligor, unless the secured party knows:\na. That the person is a debtor or obligor;\nb. The identity of the person; and\nc. How to communicate with the person; or\n(2) To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:\na. That the person is a debtor; and\nb. o communicate with the person; or\n(2) To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:\na. That the person is a debtor; and\nb. The identity of the person.\n(c) Limitation of liability if reasonable belief that transaction not a consumer-goods transaction or consumer transaction. – A secured party is not liable to any person, and a person's liability for a deficiency is not affected, because of any act or omission arising out of the secured party's reasonable belief that a transaction is not a consumer-goods transaction or a consumer transaction or that goods are not consumer goods, if the secured party's belief is based on its reasonable reliance on:\n(1) A debtor's representation concerning the purpose for which collateral was to be used, acquired, or held; or\n(2) An obligor's representation concerning the purpose for which a secured obligation was incurred.\n(d) Limitation of liability for statutory damages. – A secured party is not liable to any person under G.S. 25-9-625(c)(2) for its failure to comply with G.S. 25-9-616.\n(e) Limitation of multiple liability for statutory damages. r statutory damages. – A secured party is not liable to any person under G.S. 25-9-625(c)(2) for its failure to comply with G.S. 25-9-616.\n(e) Limitation of multiple liability for statutory damages. – A secured party is not liable under G.S. 25-9-625(c)(2) more than once with respect to any one secured obligation. (2000-169, s. 1.)
North Carolina Legal Code