North Carolina law has included a state debt collection law that are similarly stringent to the federal FDCPA. Both laws are in place to protect you against debt collection abuse by allowing consumers to sue and to obtain actual or statutory damages. The North Carolina law allows consumers to recover damages between $400 and $4,000, while federal law allows consumers to recover up to $1,000 in statutory damages.
Fair Debt Collection Practices in North Carolina
The U.S. Congress passed legislation protecting consumers from the heavy-handed strategies often used by credit card companies, banks, contracted bill collectors, and credit reporting agencies.
The federal Fair Debt Collection Practices Act (FDCPA), restricts creditors and collection agencies in debt collection tactics. In addition, false or inaccurate reporting to credit agencies may give you the right to sue for financial harm.
Under the FDCPA, some illegal practices include:
- Abusive language in phone calls or collection letters.
- Collection phone calls made to your personal residence after 9 p.m.
- Collection calls or letters made directly to your employer.
- Threats of imprisonment or jail.
- Threats to notify your neighbors or extended-family members about the debt.
- Unscheduled personal visits from a debtor’s representative or bill collector.
- Threats of repossession or home foreclosure not directly related to the debt.
If you believe that a debt collector has violated your rights under the FDCPA, please contact Maginnis Howard’s attorneys as soon as possible. Our FDCPA attorneys offer free initial consultations regarding FDCPA claims. We also handle all FDCPA cases on a contingency fee basis.
To discuss your FDCPA claim, contact our firm at 919-526-0450. You may also send any questions or inquiries you have about the Fair Debt Collection Practice Act, or any other consumer protections laws, through our contact page.