Our firm’s FDCPA lawyers are experienced in representing victims of unfair debt collection. If you are receiving calls from bill collectors, debt collectors, creditors or anyone trying to collect a debt from you, even if the debt is actually or partially owed, you may be entitled to compensation if the debt collector or collection agency is acting inappropriately. These actions may be in violation of federal laws such as the Fair Debt Collection Practices Act or the powerful North Carolina state laws like the North Carolina Debt Collection and the North Carolina Collection Agency Act.
North Carolina has some of the strongest protections in the country for individuals against harassment or other unlawful activities by debt collectors and collection agencies. Debtors are not only entitled to receive actual damages as a result of the inappropriate phone calls but can recover statutory damages of up to $4,000.00 per violation. Each phone call, email, text, billing statement, or letter by the collection agency, if unlawful in some manner, can be construed as a separate violation.
Some typical instances where you might have a claim for unfair debt collection:
- Improper assessment of fees or interest in a billing statement.
- Inaccurate billing records or failure to credit payments.
- Threats to garnish wages or to prosecute criminally.
- Filing a lawsuit that is barred by the statute of limitations or where they have already accepted money in full payment.
- Filing a lawsuit against you in a different county from where you live or signed a contract.
- Disclosing the existence of the debt to a third party.
- Calls after a discharge in bankruptcy.
- Failing to identify who is calling you and what debt they contend is owed.
- Threats to file a lawsuit with no intention of doing it.
- Using misleading or confusing language in their letters and statements.
- Calls during normal sleeping hours or at times you have told them not to call you.
- Reporting or threatening to report to credit reporting agencies when the debt is not owed.
- Telephone calls after you’ve told them to stop calling.
If this, or something similar, has happened to you, we may be able to help. All unfair debt collection consultations with our FDCPA lawyers are free of charge. We also accept these cases on a contingency basis so that you pay no attorney fees unless you recover something.