Maginnis Howard is a North Carolina consumer protection law firm representing those wrongfully contacted by debt collectors or collection agencies. If you are being mistreated by a debt collector or a collection agency, contact the consumer advocate attorneys at Maginnis Howard. We can determine if you have a claim under North Carolina’s unfair debt collection laws, the Fair Debt Collection Practices Act (FDCPA), or the Fair Credit Reporting Act (FCRA).
Essential Consumer Law Protections
Debt collectors are increasingly aggressive in their approach to collecting debt. The North Carolina Debt Collection Act and the North Carolina Collection Agency Act, and FDCPA, prohibit debt collectors from using abusive, unfair, or deceptive practices to collect debt. Even if you owe a debt, a debt collector must follow strict rules in collecting the debt.
Time Restrictions
Debt collectors cannot contact a debtor at any time and place. Under North Carolina and Federal debt collection laws, a debt collector cannot contact you at inconvenient times or places. Debt collectors cannot call before 8 am or after 9 pm unless agreed upon. The debt collector cannot contact your place of employment if you tell them not to call your work.
Privacy Concerns
Debt collectors oftentimes call a debtor’s family, friends, or coworkers. Generally, a debt collector can contact a third party only to locate the debtor. If a debt collector does contact a friend, family member, or coworker, the debt collector can only seek information about your location, such as your address, phone number, and place of employment. Absent extraordinary circumstances, a debt collector cannot discuss the nature of the debt with anyone other than the debtor’s attorney or spouse.
Written Notice
Under the FDCPA, a debt collector must send a debtor a written notice within five days of first contact. This debt collection notice must include specific information, including the amount of money owed, the full name of the creditor, and how to dispute the debt if the money is not owed. If you send a debt collector a written letter stating that the amount sought is not owed or seeking verification of the debt, the debt collector must temporarily cease contacting you. This “dispute letter” must be sent within 30 days of the date the debt collector provided written notice.
Threats and Harassment
Debt collectors cannot harass, oppress, or abuse the debtor or any third party. For example, debt collectors cannot threaten violence or physical harm, use profane language, or repeatedly call a debtor. Debt collectors cannot collect debt by lying, including lying about crimes you have committed, falsely representing a lawsuit if the debt is not paid, or misrepresenting the debt owed. In North Carolina, debt collectors cannot threaten to garnish your wages for failure to pay a debt.
Damages
North Carolina has strong laws protecting persons from unlawful debt collection activities. Debt collectors who violate these laws may have to pay a debtor up to $4,000.00 for each violation. Every telephone call, written letter, or text message may constitute a separate violation of these statutes.
Contact Our Experienced Consumer Protection Law Firm
All unfair debt collection harassment consultations with Maginnis Howard are free of charge. We also accept these cases contingently so that you pay no attorney fees unless you recover something. Our consumer protection law firm represents clients across the Carolinas from our Raleigh, Charlotte, and Fayetteville offices.
