§ 75-55. Unconscionable means. - North Carolina Statutes

§75‑55.  Unconscionable means.

No debt collector shallcollect or attempt to collect any debt by use of any unconscionable means. Suchmeans include, but are not limited to, the following:

(1)        Seeking or obtainingany written statement or acknowledgment in any form containing an affirmationof any debt by a consumer who has been declared bankrupt, an acknowledgment ofany debt barred by the statute of limitations, or a waiver of any legal rightsof the debtor without disclosing the nature and consequences of suchaffirmation or waiver and the fact that the consumer is not legally obligatedto make such affirmation or waiver.

(2)        Collecting orattempting to collect from the consumer all or  any part of the debtcollector's fee or charge for services rendered, collecting or attempting tocollect any interest or other charge, fee or expense incidental to theprincipal debt unless legally entitled to such fee or charge.

(3)        Communicating with aconsumer (other than a statement of account used in the normal course ofbusiness) whenever the debt collector has been notified by the consumer'sattorney that he represents said consumer.

(4)        Bringing suitagainst the debtor in a county other than that  in which the debt was incurredor in which the debtor resides if the distances and amounts involved would makeit impractical for the debtor to defend the claim. (1977, c. 747, s. 4.)