Fair Debt Collection Practices Act and North Carolina Debt Collection Practices Act
Fairview Law is a Charlotte, North Carolina law firm. Our North Carolina attorneys handle debt collection rights cases under the Fair Debt Collection Practices Act and North Carolina Debt Collection Act.
There are two major laws that protect North Carolina consumers, the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692, and North Carolina Debt Collection Act (NCDCPA), N.C.G.S. § 75-50. These laws contain many similar provisions, but the former is a federal law and the latter is only applicable in North Carolina.
For instance, the North Carolina debt-collection act applies to original creditors (the companies that originally issued the debts, such as credit card companies), and to third parties collecting debts for them. In contrast, the FDCPA only applies to third parties collecting debts, and some debt buyers. Debt buyers are companies that do not issue credit, but purchase delinquent debts solely for purposes of collection.
There are many protections that both laws have, including:
- Prohibiting harassment and disparagement,
- Prohibiting making misleading statements in calls or communications,
- No repeated phone calls,
- No phone calls before 8am or after 9pm,
- Providing validation to consumers to prove the right to collect debts,
- Ceasing communication if requested by the consumer,
- Providing the so-called “Mini Miranda” warning to notify consumers when they are speaking with a debt collector,
- Banning calls to one’s workplace, if the collector knows it is prohibited, and
- Prohibiting threats of arrest or violence.
There are many other debt-collection violations not listed. The general rule is that if the debt collector is disrespectful or dishonest, it will violate the debt-collection laws.
If you prevail at trial against a debt collector, you may be entitled to your actual damages, costs, and attorney’s fees, as well as up to $1,000 under the FDCPA and up to $4,000 under the NCDCPA.
If you are dealing with a harassing debt collector, contact Fairview Law to see if we can help.