§ 58-70-95. Threats and coercion. - North Carolina Statutes

§58‑70‑95.  Threats and coercion.

No collection agency shallcollect or attempt to collect any debt alleged to be due and owing from aconsumer by means of any unfair threat, coercion, or attempt to coerce.  Suchunfair acts include, but are not limited to, the following:

(1)        Using or threateningto use violence or any illegal means to cause harm to the person, reputation orproperty of any person;

(2)        Falsely accusing orthreatening to accuse any person of fraud or any crime, or of any conduct thatwould tend to cause disgrace, contempt or ridicule;

(3)        Making orthreatening to make false accusations to another person, including any creditreporting agency, that a consumer has not paid, or has willfully refused to paya just debt;

(4)        Threatening to sellor assign, or to refer to another for collection, the debt of the consumer withan attending representation that the result of such sale, assignment orreference would be that the consumer would lose any defense to the debt orwould be subject to harsh, vindictive, or abusive collection attempts;

(5)        Representing thatnonpayment of an alleged debt may result in the arrest of any person;

(6)        Representing thatnonpayment of an alleged debt may result in the seizure, garnishment,attachment, or sale of any property or wages unless such action is in factcontemplated by the debt collector and permitted by law;

(7)        Threatening to takeany action not in fact taken in the usual course of business, unless it can beshown that such threatened action was actually intended to be taken in theparticular case in which the threat was made;

(8)        Threatening to takeany action not permitted by law. (1979, c. 835.)