No debt collector shall collect or attempt to collect a debt or obtain information concerning a consumer by any fraudulent, deceptive or misleading representation. Such representations include, but are not limited to, the following:
(1) Communicating with the consumer other than in the name (or unique pseudonym) of the debt collector and the person or business on whose behalf the debt collector is acting or to whom the debt is owed.
(2) Failing to disclose in all communications attempting to collect a debt that the purpose of such communication is to collect a debt, unless the communication is made to a third-party pursuant to G.S. 75-53 for the purpose of obtaining location information about the debtor.
(3) Falsely representing that the debt collector has in his possession information or something of value for the consumer.
(4) Falsely representing the character, extent, or amount of a debt against a consumer or of its status in any legal proceeding; falsely representing that the collector is in any way connected with any agency of the federal, State or local government; or falsely representing the creditor's rights or intentions.
(5) Using or distributing or selling any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by a court, an official, or any other legally constituted or authorized authority, or which creates a false impression about its source.
(6) Falsely representing that an existing obligation of the consumer may be increased by the addition of attorney's fees, investigation fees, service fees, or any other fees or charges.
(7) Falsely representing the status or true nature of the services rendered by the debt collector or his business.
(8) Communicating with the consumer in violation of the provisions of G.S. 62-159.1(a), 153A-277(b1), or 160A-314(b1). (1977, c. 747, s. 4; 2009-302, s. 5; 2015-177, s. 3.)
Notes of Decisions
Friday v. United Dominion Realty Trust, Inc. (2003)
ncctapp · cites it 17×
“] N.C. Gen. Stat. § 75-54 (4) (2001). *679 Over the course of the nine months during which these events occurred, Northwinds filed three summary ejectment actions against Ms.”
Forsyth Memorial Hospital, Inc. v. Contreras (1992)
ncctapp · cites it 18×
“Therefore, we limit our review to the sole question of whether plaintiff’s written correspondence was misleading in violation of Prohibited Acts by Debt Collectors, N.C. Gen. Stat. § 75-54 . N.C. Gen. Stat.”
Crabtree v. Smith (2017)
ncctapp · cites it 16×
“Specifically, plaintiffs alleged violations of N.C. Gen. Stat. §§ 75-54 and 75-55. In support of these allegations, plaintiffs' complaint pled that: BAC and BANA's acts or omissions as stated in this Count constitute an unconscionable means of collecting a debt in violation of N.”
Green Tree Servicing LLC v. Locklear (2014)
ncctapp · cites it 6×
“§ 75-52 (4); failing to disclose that the purpose of a particular communication is to collect a debt, N.C. Gen. Stat. § 75-54 (2); erroneously describing the creditor’s rights or intentions, N.”
Williams v. HomEq Servicing Corp. (2007)
ncctapp · cites it 2×
“Williams contends that in the last seven years, HomEq has violated § 75-51(1),(3),(6),(8); § 75-52(3),(4); § 75-54(4),(6); and § 75-55(2). However, Mr.”
In re Residential Capital, LLC (2014)
nysb · cites it 3×
“The Court GRANTS this portion of the Motion and reinstates this portion of the claim under the N.C. Gen. Stat. § 75-54 (4) to the extent that the Gilberts assert that the affidavits filed in the state foreclosure proceedings contained fraudulent misrepresentations.”
Cassaundra Spinks v. Taylor (1981)
nc
“Plaintiff next contends that defendant’s posted notices of the padlocking simulated legal process in violation of G.S. 75-54(5). That statute provides, inter alia: No debt collector shall collect or attempt to collect a debt or obtain information concerning a consumer by any…”
Wilkes National Bank v. Halvorsen (1997)
ncctapp · cites it 11×
“G.S. 75-54 because its 5 June 1995 and 28 July 1995 letters to defendant failed to disclose that each was a communication to collect a debt.”
Onnipauper LLC v. Dunston (2023)
ncctapp · cites it 24×
“Issues The issues on appeal are whether the trial court erred by concluding Plaintiff violated N.C. Gen. Stat. § 75-54 (4) (2021) and N.”
Waddell v. U.S. Bank National Association (2019)
nced · cites it 18×
“” N.C. Gen. Stat. § 75-54 (6). Section 75-54(7) prohibits debt collectors ‘from “Tflalsely representing the status or true nature of the services rendered by the debt collector or his business.”
Spinks v. Taylor (1980)
ncctapp
“*73 Plaintiffs make no allegations of violence by defendant’s agents and, as will be hereinafter discussed, the padlocking procedures are not illegal. Nor has there been any representation of seizure of property as proscribed by N.”
— N.C. Gen. Stat. § 75-54(2) — 2 cases
Wilkes National Bank v. Halvorsen (1997)
ncctapp
“G.S. 75-54 because its 5 June 1995 and 28 July 1995 letters to defendant failed to disclose that each was a communication to collect a debt.”
— N.C. Gen. Stat. § 75-54(4) — 8 cases
Friday v. United Dominion Realty Trust, Inc. (2003)
ncctapp
“] N.C. Gen. Stat. § 75-54 (4) (2001). *679 Over the course of the nine months during which these events occurred, Northwinds filed three summary ejectment actions against Ms.”
Williams v. HomEq Servicing Corp. (2007)
ncctapp
“Williams contends that in the last seven years, HomEq has violated § 75-51(1),(3),(6),(8); § 75-52(3),(4); § 75-54(4),(6); and § 75-55(2). However, Mr.”
In re Residential Capital, LLC (2014)
nysb
“The Court GRANTS this portion of the Motion and reinstates this portion of the claim under the N.C. Gen. Stat. § 75-54 (4) to the extent that the Gilberts assert that the affidavits filed in the state foreclosure proceedings contained fraudulent misrepresentations.”
Waddell v. U.S. Bank National Association (2019)
nced
“” N.C. Gen. Stat. § 75-54 (6). Section 75-54(7) prohibits debt collectors ‘from “Tflalsely representing the status or true nature of the services rendered by the debt collector or his business.”
— N.C. Gen. Stat. § 75-54(5) — 1 case
Cassaundra Spinks v. Taylor (1981)
nc
“Plaintiff next contends that defendant’s posted notices of the padlocking simulated legal process in violation of G.S. 75-54(5). That statute provides, inter alia: No debt collector shall collect or attempt to collect a debt or obtain information concerning a consumer by any…”
— N.C. Gen. Stat. § 75-54(6) — 2 cases
Friday v. United Dominion Realty Trust, Inc. (2003)
ncctapp
“] N.C. Gen. Stat. § 75-54 (4) (2001). *679 Over the course of the nine months during which these events occurred, Northwinds filed three summary ejectment actions against Ms.”
Waddell v. U.S. Bank National Association (2019)
nced
“” N.C. Gen. Stat. § 75-54 (6). Section 75-54(7) prohibits debt collectors ‘from “Tflalsely representing the status or true nature of the services rendered by the debt collector or his business.”
— N.C. Gen. Stat. § 75-54(7) — 1 case
Waddell v. U.S. Bank National Association (2019)
nced
“” N.C. Gen. Stat. § 75-54 (6). Section 75-54(7) prohibits debt collectors ‘from “Tflalsely representing the status or true nature of the services rendered by the debt collector or his business.”
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