North Carolina Enacts Nation’s First Outright Ban on Third-Party Litigation Funding
North Carolina has become the first US state to prohibit third-party litigation funding outright, with its Prohibit Litigation Investments Act taking effect on June 22, 2026. The law makes it unlawful for any person to provide money — whether as a direct payment, advancement, loan, or investment — for civil proceeding expenses in exchange for a right to repayment that is contingent in any respect on the outcome of the proceeding.
As reported by JD Supra, the statute applies broadly across civil actions, arbitrations, mediations, and administrative proceedings, and covers contracts entered into, renewed, or amended on or after the effective date. It carves out exclusions for contingency-fee legal services, non-contingent loans, attorney cost advancements under the Rules of Professional Conduct, and funding arrangements that carry no outcome-contingent return.
The penalties are significant. Offending contracts become void, the Attorney General may seek injunctions and civil penalties of up to $50,000 per violation, and injured parties may recover damages — including treble statutory damages — plus court costs and attorney fees. Insurers and risk managers have praised the measure as a landmark curb on litigation abuse.
The law's sweeping language has also raised concerns beyond the funding sector. Practitioners warn that it creates uncertainty around routine corporate advancement and indemnification of directors, officers, and LLC members, potentially conflicting with longstanding protections under the state's Business Corporation Act.

