2005 North Carolina Code - General Statutes § 58-70-115. Unconscionable means.

§ 58‑70‑115.  Unconscionable means.

No collection agency 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;

(2)       Collecting or attempting to collect from the consumer all or any part of the collection agency'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;

(3)       Communicating with a consumer whenever the collection agency has been notified by the consumer's attorney that he represents said consumer. (1979, c. 835.)

Disclaimer: These codes may not be the most recent version. North Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.