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Collection Agencies & Creditors

Our firm is proud to have a dedicated team of consumer protection attorneys with extensive experience advocating for victims of unfair debt collection practices employed by large corporations. We understand that dealing with debt can be stressful. Still, it’s essential to know that even if you have outstanding debts, these collectors, creditors, and other large institutions must follow strict legal guidelines when attempting to collect. Both federal laws and North Carolina’s specific debt collection statutes provide robust protections for consumers like you. These laws are designed to prevent harassment, deceptive practices, and unfair treatment during the debt collection. Our attorneys are committed to ensuring that your rights are upheld and that you receive fair treatment when dealing with these institutions. If you have been subjected to illegal debt collection practices, we are here to help you navigate the complexities of your situation and fight for the justice you deserve.

Federal Protections

Collection agencies and creditors are bound by state and federal laws designed to protect consumers. The Fair Debt Collection Practices Act (FDCPA) is a critical legislation shielding consumers against abusive collection practices. This federal law prohibits debt collectors from using abusive, unfair, or deceptive practices to collect debts. Understanding your rights under the FDCPA can empower you to defend yourself against unlawful practices. You have the right to request debt verification, limit collection communication, and dispute any inaccuracies. Knowing these rights is the first step toward protecting yourself from harassment and abuse.

State Protections

North Carolina offers strong protections for people against harassment by debt collectors and collection agencies. If you receive inappropriate phone calls, you can receive actual damages and up to $4,000 in statutory damages for each violation. This means that each unlawful phone call, email, text message, billing statement, or letter from the collection agency counts as a separate violation. When your rights are violated, you deserve to be compensated.

Common Violations

Collection agencies sometimes overstep legal boundaries, violating consumer rights in their pursuit of debt collection. Here are some of the most common violations:

  1. Harassment
    • Debt collectors may harass you by making repeated and excessive phone calls to annoy, abuse, or harass you. This can also include using obscene or profane language during their communications, which is strictly prohibited.
  2. False Statements
    • Misrepresenting the amount you owe or falsely claiming to be an attorney or government representative is a serious violation. Some collectors may even threaten you with arrest or legal action they cannot legally take.
  3. Threats
    • Using threats of violence or harm if a debt is not paid is not only unethical but illegal. Collectors may also unlawfully threaten to damage your reputation or credit score without proper grounds.
  4. Invasion of Privacy
    • Discussing your debt with your employer or third parties without explicit consent violates your privacy rights. Debt collectors are not allowed to publicize or discuss your debt with anyone not authorized to know.
  5. Unfair Practices
    • Engaging in unfair collection practices, such as attempting to collect any amount not permitted by law or the original credit agreement, falls under this category. This may also include depositing post-dated checks prematurely or using deceptive forms to collect payments.
By being aware of these common violations, you can better identify when a collection agency crosses the line and seek legal assistance to protect your rights.

Contact Our Consumer Attorneys

If you have experienced a creditor, debt collector, or collection agency contacting you when you don’t owe the debt or the amount claimed, Maginnis Howard may be able to help you. Contact one of our dedicated consumer attorneys for a free consultation today. We serve clients across the Carolinas from our Raleigh, Charlotte, and Fayetteville offices.

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