How do I determine if a debt collector is in violation of state collection laws?
In North Carolina, the North Carolina Collection Agency Act regulates debt collectors and prohibits certain conduct. To determine if a debt collector is in violation of the Collection Agency Act, you must first review the act. The law outlines certain prohibited activities such as using violence or threats of violence and engaging in harassing behavior. It also outlines other duties, such as providing a notice to the debtor prior to initiating collection action. Some activities are also prohibited by the North Carolina Fair Debt Collection Practices Act. Under the law, debt collectors are prohibited from contact before 8 a.m. or after 9 p.m. without the debtor’s permission, engaging in unfair or deceptive tactics, and using obscene or abusive language. Additionally, debt collectors are prohibited from using false or deceptive statements in an attempt to collect a debt. If you suspect a debt collector is in violation of these laws, you can contact the Consumer Protection Division of the North Carolina Department of Justice or the Federal Trade Commission. You can also contact a local consumer rights lawyer who can review the facts of your case and provide advice on your legal options. If the debt collector is found to be in violation of the law, you may be entitled to damages and other remedies.
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