AMEND DEBT COLLECTION STATUTES.

View NCGA Bill Details2015-2016 Session
Senate Bill 678 (Public) Filed Thursday, March 26, 2015
AN ACT TO AMEND THE DEBT COLLECTOR STATUTES TO MORE NEARLY CONFORM TO THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT.
Intro. by Gunn, B. Jackson, D. Davis.

Status: Ch. SL 2015-177 (Senate Action) (Aug 5 2015)

Bill History:

S 678/S.L. 2015-177

Bill Summaries:

  • Summary date: Aug 10 2015 - More information

    AN ACT TO AMEND THE DEBT COLLECTOR STATUTES TO MORE NEARLY CONFORM TO THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT. Enacted August 5, 2015. Effective August 5, 2015.


  • Summary date: Jul 20 2015 - More information

    House amendment makes the following changes to the 2nd edition.

    Amends GS 75-53, making a clarifying change. 


  • Summary date: Apr 28 2015 - More information

    Senate committee substitute makes the following changes to the 1st edition.

    Amends GS 75-54 to provide that failing to disclose that the purpose of the communication is to collect a debt is not a deceptive representation if the communication is made to a third-party under GS 75-53 for the purpose of obtaining location information about the debtor.

    Amends GS 75-55 to delete the provision expressly authorizing the collection of fees. Deletes the language providing that if a consumer decides to make arrangements with a debt collector to cure any existing default and resume debt payments, the collector is entitled to add the court costs to the balance of the loan and collect them as part of the loan balance. Makes clarifying changes.

     


  • Summary date: Mar 31 2015 - More information

    Amends GS 75-50 to define location information.

    Amends GS 75-53, which prohibits debt collectors from unreasonably publicizing information about a consumer's debt. Allows communication to third parties with the written permission of the debtor or his attorney (was, written permission given after default). Adds protections for collectors acting in good faith when communicating to the debtor's spouse or parent. Adds requirements to be met by the collector when making a communication for the purpose of obtaining location information about the debtor.

    Amends GS 75-54 to provide that failing to disclose that the purpose of the communication is to collect a debt is not a deceptive representation if the communication is solely for the purpose of obtaining location information about the debtor.

    Amends GS 75-55, which prohibits collecting a debt by using unconscionable means, to add that the statute does not prohibit the collection of filing fees, service fees, or other court costs. Provides that if a consumer decides to make arrangements to cure any existing default and resume payments, the debt collector is entitled to add the court costs to the balance of the loan.


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