info@carolinalaw.com
info@carolinalaw.com
Our firm is proud to have a dedicated team of consumer protection attorneys with extensive experience advocating for victims of unfair debt collection practices employed by large corporations. We understand that dealing with debt can be stressful. Still, it’s essential to know that even if you have outstanding debts, these collectors, creditors, and other large institutions must follow strict legal guidelines when attempting to collect. Both federal laws and North Carolina’s specific debt collection statutes provide robust protections for consumers like you. These laws are designed to prevent harassment, deceptive practices, and unfair treatment during debt collection. Our attorneys are committed to ensuring that your rights are upheld and that you receive fair treatment when dealing with these institutions. If you have been subjected to illegal debt collection practices, we are here to help you navigate the complexities of your situation and fight for the justice you deserve.
Collection agencies and creditors are bound by state and federal laws designed to protect consumers. The Fair Debt Collection Practices Act (FDCPA) is a critical legislation shielding consumers against abusive collection practices. This federal law prohibits debt collectors from using abusive, unfair, or deceptive practices to collect debts. Understanding your rights under the FDCPA can empower you to defend yourself against unlawful practices. You have the right to request debt verification, limit collection communication, and dispute any inaccuracies. Knowing these rights is the first step toward protecting yourself from harassment and abuse.
North Carolina offers strong protections for people against harassment by debt collectors and collection agencies. If you receive inappropriate phone calls, you can receive actual damages and up to $4,000 in statutory damages for each violation. Each unlawful phone call, email, text message, billing statement, or letter from the collection agency counts as a separate violation. When your rights are violated, you deserve to be compensated.
Collection agencies sometimes overstep legal boundaries, violating consumer rights in their pursuit of debt collection. Here are some of the most common violations:
By being aware of these common violations, you can better identify when a collection agency crosses the line and seek legal assistance to protect your rights.
Debt collectors are also prohibited from trying to collect a debt you don’t owe. For example, a collector may call about a debt you have already paid off or one that has never belonged to you. We also often observe post-bankruptcy discharge violations. If you receive a collection letter, call, email, or text regarding a debt that has been discharged through bankruptcy, this constitutes a violation of North Carolina’s and federal debt collection laws. You may be entitled to recover between $500 and $4000 for each violation. Furthermore, inaccurate reporting by credit repair agencies regarding your discharge could violate the Fair Credit Reporting Act (FCRA).
If you have experienced a creditor, debt collector, or collection agency contacting you when you don’t owe the debt or the amount claimed, Maginnis Howard may be able to help you. Contact one of our dedicated consumer attorneys for a free consultation today. We serve clients across the Carolinas from our Raleigh, Charlotte, and Fayetteville offices.
It is not uncommon today for people to be pursued by debt collectors for money they don’t owe. Possible causes include the original creditor reporting the debt incorrectly, you may be a victim of identity theft, or the creditor finding the wrong person with a similar name (a mixed file).
A debt collector is presumed to have violated the Debt Collection Rule if they place a telephone call to you about a particular debt more than seven times within seven days.
