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Debt Collection Law

Understand the Fundamentals of Unfair Debt Collection Law


Our firm handles unfair debt collection cases arising under the federal Fair Debt Collection Practices Act, the North Carolina Collection Agency Act, and the North Carolina Debt Collection Act. These protections don’t just apply to collection agencies; they also apply to unfair and harassing actions by your landlord, bank, credit card company, and other businesses. North Carolina provides significant protections to consumers like you from creditors who are attempting to collect their own debt (federal unfair debt collection law applies only to collection agencies). North Carolina law also provides protection for businesses who are being pursued by collection agencies.

There are lots of regulations and requirements that debt collectors have to follow if they want to be in the business of collecting debt. It sometimes makes it difficult for you when you receive these calls to know what’s illegal and what’s not but these regulations are designed to protect consumers. Save your letters, emails, and text messages received and record your phone calls from these parties (this is legal in North Carolina). Our firm gives free consultations on unfair debt collection matters and we are happy to meet with you to go over these communications to see if the collection agency is acting inappropriately.

For example, we recently resolved a case for a client who was receiving harassing phone calls from a debt collector whose records were incorrect; our client had made all payments. Our client received $75,000.00 after receiving a series of phone calls.

These are just some types of issues that we have litigated against irresponsible big corporations in the past, contact us if you have questions about a particular act by a debt collector:

  • Refusing to fix or correct the amount of debt owed to make it 100% accurate.
  • Threats to garnish wages or that they may be able to garnish wages.
  • Threats to file a lawsuit when they are not presently intending to do so.
  • False deadlines for payment (i.e. if you don’t pay by a certain time, we will have no chance but to …).
  • Communications with third parties about your debt.
  • Inappropriately charging late fees, interest, penalties, and other surcharges.
  • Not identifying interest, or other “hidden costs” in their letters to you.
  • Filing lawsuits and obtaining judgments when they had no lawful right to do so (this happens frequently with post-bankruptcy debt, bank/credit card debt and landlords).
  • Attempting to file lawsuits that are barred by the statute of limitations.
  • Filing lawsuits in counties where you don’t live and didn’t live in at the time of the contract.
  • Calling early in the morning, late at night, or at a time that you’ve told them is particularly inconvenient for you (such as during work hours).
  • Phone calls after being told in writing not to contact you anymore.
  • Continuing to contact you after you’ve lawfully disputed the debt and requested verification.
  • Failure to identify themselves as debt collectors (they have to give more than just a name).

If you’ve experienced one of these issues or just think that the debt collector is doing something which you believe to be inappropriate under the FDCPA or North Carolina consumer protection law, contact us for a free case review.  You can also subscribe to our mailing list to learn about the rights you have under consumer protection law against large corporations.

Consult our blog for more detailed write-ups on some of the provisions of the FDCPA and North Carolina state law. Our consumer protection lawyers can review any communications you’ve received or recorded and talk with you about your options.


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