Pings to the Armor: Changes to NC Debt Collection Act

Put it in the bagRecently the North Carolina General Assembly passed and Governor McCrory signed into law a few changes to the North Carolina Debt Collection Act.  These changes appear to be designed to make it a bit easier for creditors and debt collectors to locate debtors.  While collectors can now probe a bit further to obtain “location information” on those who owe debts the new law requires the collector to identify himself and provide, if asked, the name of the company on whose behalf he is calling.  The Act is also modified to limit the number of times a collector may call any particular person regarding the whereabouts of the debtor and the collector is prohibited from stating the debtor owes a debt.

No real earth-shattering changes to the Act but just something to be noted by creditors, collectors, debtors, and attorneys to review.  One thing to be noted is the change to N.C.G.S. § 75-53 (1) a. which essentially removes the phrase “after default,” suggesting that permission by a debtor for a creditor to contact third parties can be given at any time.  The changes to the NC Debt Collection Act make certain provisions more in line with similar provisions found in the Fair Debt Collection Practices Act.


1 Comment

  1. Thanks for the update in the changes, John, and I hope you are well. The irony is many of the citizens of this great state that elected the tea party into office in Raleigh, which has clearly been chipping away at debtors’ rights since inaugurated, are the same people that these laws were designed to protect. When you figure that one out, I hope you will blog about it. Go mighty Spartans! Jeff A.

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