§ 75-54. Deceptive representation. - North Carolina Statutes

§ 75‑54.  Deceptiverepresentation.

No debt collector shallcollect or attempt to collect a debt or obtain information concerning aconsumer by any fraudulent, deceptive or misleading representation. Suchrepresentations include, but are not limited to, the following:

(1)        Communicating withthe consumer other than in the name (or unique pseudonym) of the debt collectorand the person or business on whose behalf the debt collector is acting or towhom the debt is owed.

(2)        Failing to disclosein all communications attempting to collect a debt that the purpose of suchcommunication is to collect a debt.

(3)        Falsely representingthat the debt collector has in his possession information or something of valuefor the consumer.

(4)        Falsely representingthe character, extent, or amount of a debt against a consumer or of its statusin any legal proceeding; falsely representing that the collector is in any wayconnected with any agency of the federal, State or local government; or falselyrepresenting the creditor's rights or intentions.

(5)        Using ordistributing or selling any written communication which simulates or is falselyrepresented to be a document authorized, issued, or approved by a court, anofficial, or any other legally constituted or authorized authority, or whichcreates a false impression about its source.

(6)        Falsely representingthat an existing obligation of the consumer may be increased by the addition ofattorney's fees, investigation fees, service fees, or any other fees orcharges.

(7)        Falsely representingthe status or true nature of the services rendered by the debt collector or hisbusiness.

(8)        Communicating withthe 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.)