Legal Question in Credit and Debt Law in North Carolina
my wife is about to lose her job because aarons wont stop coming by. what can we do if they cause her to be fired?
1 Answer from Attorneys
Why is Aaron's stopping by your wife's place of employment? Is money owed? This sounds like harassment. In such case, I would contact a local attorney who specializes in FDCPA violations - he/whe will be able to advise you on the NC law applying to creditors and send a sternly worded letter to the personnel at Aaron's advising them to stop or you will sue for a violation of NC law. You might get more in a lawsuit than you owe plus attorney's fees.
See the below laws:
� 75‑52. Harassment.
No debt collector shall use any conduct, the natural consequence of which is to oppress, harass, or abuse any person in connection with the attempt to collect any debt. Such unfair acts include, but are not limited to, the following:
(1) Using profane or obscene language, or language that would ordinarily abuse the typical hearer or reader.
(2) Placing collect telephone calls or sending collect telegrams unless the caller fully identifies himself and the company he represents.
(3) Causing a telephone to ring or engaging any person in telephone conversation with such frequency as to be unreasonable or to constitute a harassment to the person under the circumstances or at times known to be times other than normal waking hours of the person.
(4) Placing telephone calls or attempting to communicate with any person, contrary to his instructions, at his place of employment, unless the debt collector does not have a telephone number where the consumer can be reached during the consumer's nonworking hours.
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� 75‑50. Definitions.
The following words and terms as used in this Article shall be construed as follows:
(1) "Consumer" means any natural person who has incurred a debt or alleged debt for personal, family, household or agricultural purposes.
(2) "Debt" means any obligation owed or due or alleged to be owed or due from a consumer.
(3) "Debt collector" means any person engaging, directly or indirectly, in debt collection from a consumer except those persons subject to the provisions of Article 70, Chapter 58 of the General Statutes.
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� 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.