§ 58-70-130. Civil liability. - North Carolina Statutes

Part 4. Enforcement.

§ 58‑70‑130. Civil liability.

(a)        Any collectionagency which violates Part 3 of this Article with respect to any debtor shallbe liable to that debtor in an amount equal to the sum of any actual damagessustained by the debtor as a result of the violation.

(b)        Any collectionagency which violates Part 3 of this Article with respect to any debtor shall,in addition to actual damages sustained by the debtor as a result of theviolation, also be liable to the debtor for a penalty in such amount as thecourt may allow, which shall not be less than five hundred dollars ($500.00)for each violation nor greater than four thousand dollars ($4,000) for eachviolation.

(c)        The specific andgeneral provisions of Part 3 of this Article shall constitute unfair ordeceptive acts or practices proscribed herein or by G.S. 75‑1.1 in thearea of commerce regulated thereby; provided, however, that, notwithstandingthe provisions of G.S. 75‑16, the civil penalties provided in thissection shall not be trebled. Civil penalties in excess of four thousanddollars ($4,000) for each violation shall not be imposed.

(d)        The remediesprovided by this section shall be cumulative, and in addition to remediesotherwise available. Any punitive damages assessed against a collection agencyshall not be reduced by the amount of the civil penalty assessed against suchagency pursuant to subsection (b) of this section.

(e)        The clear proceedsof civil penalties imposed under this section in suits instituted by theAttorney General shall be remitted to the Civil Penalty and Forfeiture Fund inaccordance with G.S. 115C‑457.2.  (1979, c. 835; 1991, c. 68, s. 2; 1998‑215, s.89(a); 2009‑573, s. 6.)