Senate committee substitute makes the following changes to the 1st edition.
Amends GS 58-70-115 as follows. Amends (8) and (9) to add that those provisions apply when the collection agency is a debt buyer or is acting on behalf of a debt buyer when collecting or attempting to collect on a time-barred debt where the debt is not past the date for obsolescence. Makes additional clarifying changes.
Amends GS 58-70-155 to provide that the only evidence sufficient to establish the amount and nature of the debt are the documents containing at least the specified items (deletes the provision requiring properly authenticated business records that satisfy Rule 803(6) of the North Carolina Rules of Evidence). Amends the items that must be included in the document to no longer require an itemization of charges and fees claimed to be owed, and clarifies that the amount of post-charge off interest claimed is to be included.
Adds a new section enacting GS 58-70-117 as follows. Provides that if a consumer provides written notification to a debt collector that the consumer refuses to pay a debt or that the consumer want the debt collector to cease further communication with the consumer, the collector is prohibited from communicating further with the consumer concerning the debt except to (1) advise the consumer that the debt collector's further efforts are being terminated; (2) notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked; and (3) notify, where applicable, the consumer that the debt collector or creditor intends to invoke a specified remedy.
Bill S 511 (2015-2016)Summary date: Apr 28 2015 - View summary
Bill S 511 (2015-2016)Summary date: Mar 27 2015 - View summary
Amends North Carolina’s unfair debt collection practices provisions, GS 58-70-115, to require (1) an itemized accounting for debts that have been charged off, including a list of all fees and interest and (2) notice to the debtor if the debt that is being collected is time-barred. Notice for time-barred debts must include the statement that the creditor will not sue the debtor and, if the debt is past the obsolescence date created by the federal Fair Credit Reporting Act, 15 U.S.C. 1681(c), the statement that the creditor will not report the debt to any credit reporting agency. Amends the prerequisites to entering a default or summary judgment against a debtor mandated by GS 58-70-155 to include additional items relating to post charge-off payments, credits, fees, and interest. Effective October 1, 2015.