AN ACT to eliminate the use of disclaimers on simulated checks or invoices.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 75‑35 reads as rewritten:

§ 75‑35.  Simulation of checks and invoices.

No person engaged in commerce shall in any manner issue any writing which simulates or resembles: (i) a negotiable instrument; or (ii) an invoice, unless the intended recipient has actually contracted for goods, property, or services for which the issuer seeks proper payment. The inclusion of any disclaimer on the writing shall not be a defense to a violation of this section. Nothing in this section shall be interpreted as prohibiting unsolicited checks to secure loans made by a lender under the terms and conditions provided by G.S. 75-20.

SECTION 2.  This act becomes effective October 1, 2021.