North Carolina General Statutes 75-55. Unconscionable means
No debt collector shall collect or attempt to collect any debt by use of any unconscionable means. Such means include, but are not limited to, the following:
(1) Seeking or obtaining any written statement or acknowledgment in any form containing an affirmation of any debt by a consumer who has been declared bankrupt, an acknowledgment of any debt barred by the statute of limitations, or a waiver of any legal rights of the debtor without disclosing the nature and consequences of such affirmation or waiver and the fact that the consumer is not legally obligated to make such affirmation or waiver.
Terms Used In North Carolina General Statutes 75-55
- Consumer: means any natural person who has incurred a debt or alleged debt for personal, family, household or agricultural purposes. See North Carolina General Statutes 75-50
- Debt: means any obligation owed or due or alleged to be owed or due from a consumer. See North Carolina General Statutes 75-50
- 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 N. See North Carolina General Statutes 75-50
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Service of process: The service of writs or summonses to the appropriate party.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
(2) Collecting or attempting to collect from the consumer all or any part of the debt collector‘s fee or charge for services rendered, collecting or attempting to collect any interest or other charge, fee or expense incidental to the principal debt unless legally entitled to such fee or charge. Nothing in this section shall be construed to prohibit the collection of filing fees, service of process fees, or other court costs actually incurred. The collection of such fees is not a violation of this Article or of Article 15 of Chapter 53 of the N.C. Gen. Stat..
(3) Communicating with a consumer (other than a statement of account used in the normal course of business) whenever the debt collector has been notified by the consumer’s attorney that he represents said consumer.
(4) Bringing suit against the debtor in a county other than that in which the debt was incurred or in which the debtor resides if the distances and amounts involved would make it impractical for the debtor to defend the claim. (1977, c. 747, s. 4; 2015-177, s. 4.)