The Fair Debt Collection Practices Act (FDCPA) is designed to protect consumers against debt collection abuse by allowing them to sue and obtain actual or statutory damages. The North Carolina law permits consumers to recover damages ranging from $400 to $4,000, while federal law allows them to recover up to $1,000 in statutory damages.
Fair Debt Collection Practices in North Carolina
The FDCPA serves as a federal statute regulating the behaviors of debt collectors and agencies in their pursuit of various debts. Enacted in 1977 by President Jimmy Carter, this law safeguards consumers from the heavy-handed strategies often used by credit card companies, banks, contracted bill collectors, and credit reporting agencies.
In addition, false or inaccurate reporting to credit agencies may give you the right to sue for financial harm.
Illegal Debt Collection Practices
Companies attempting to collect consumer debts must adhere to the following regulations set forth by the FDCPA:
- 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.
North Carolina law includes an additional, state-level debt collection law that is similarly stringent to the FDCPA.
Contact an FDCPA Attorney
If you believe a debt collector has violated your rights under the FDCPA, 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 claim, contact our firm at 919-526-0450. You may also send questions or inquiries about the Fair Debt Collection Practice Act or any other consumer protection laws through our contact page.
