§ 75-56. Application. - North Carolina Statutes

§ 75‑56.  Application.

(a)        The specific andgeneral provisions of this Article shall exclusively constitute the unfair ordeceptive acts or practices proscribed by G.S. 75‑1.1 in the area ofcommerce regulated by this Article.

(b)        Any debt collectorwho fails to comply with any provision of this Article with respect to anyperson is liable to such person in a private action in an amount equal to thesum of (i) any actual damage sustained by such person as a result of suchfailure and (ii) civil penalties the court may allow, but not less than fivehundred dollars ($500.00) nor greater than four thousand dollars ($4,000) foreach violation.

(c)        The remediesprovided by this section shall be cumulative and in addition to remediesotherwise available. Any punitive damages assessed against a debt collectorshall not be reduced by the amount of the civil penalty assessed against suchdebt collector pursuant to subsection (d) of this section.

(d)        Notwithstanding theprovisions of G.S. 75‑15.2 and G.S. 75‑16, in private actions oractions instituted by the Attorney General, civil penalties in excess of fourthousand dollars ($4,000) shall not be imposed.

(e)        The clear proceedsof civil penalties imposed in actions instituted by the Attorney General shallbe remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S.115C‑457.2.  (1977,c. 747, s. 4; 1983, c. 417, s. 1; 1985 (Reg. Sess., 1986), c. 802; 1991, c. 68,s. 1; 1998‑215, s. 101; 2009‑573, s. 9.)