Legal Question in Credit and Debt Law in North Carolina

Yes. In my prior answer I referenced the law which applies to original creditors.

As I said, you demand damages for them failing to comply with the law. Problem is that if you sue, the original creditor will counter-sue you for the amount of debt you owe.

You can complain to the NC attorney general - they have a consumer division and might be willing to write a letter on your behalf. They will not take legal action though unless they get a large number of complaints about the creditor.

You also can have me write them a letter calling attention to the fact they are in violation of the law and not to contact you and other stuff.

NC GS � 75-56. Application.

(a) The specific and general provisions of this Article shall exclusively constitute the unfair or deceptive acts or practices proscribed by G.S. 75-1.1 in the area of commerce regulated by this Article.

(b) Any debt collector who fails to comply with any provision of this Article with respect to any person is liable to such person in a private action in an amount equal to the sum of (i) any actual damage sustained by such person as a result of such failure and (ii) civil penalties the court may allow, but not less than five hundred dollars ($500.00) nor greater than four thousand dollars ($4,000) for each violation.

(c) The remedies provided by this section shall be cumulative and in addition to remedies otherwise available. Any punitive damages assessed against a debt collector shall not be reduced by the amount of the civil penalty assessed against such debt collector pursuant to subsection (d) of this section.

(d) Notwithstanding the provisions of G.S. 75-15.2 and G.S. 75-16, in private actions or actions instituted by the Attorney General, civil penalties in excess of four thousand dollars ($4,000) shall not be imposed.

(e) The clear proceeds of civil penalties imposed in actions instituted by the Attorney General shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2.