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.
AMEND DEBT COLLECTION STATUTES.
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View NCGA Bill Details(link is external) | 2015-2016 Session |
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.
Bill History:
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Thu, 26 Mar 2015 Senate: Filed(link is external)
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Mon, 30 Mar 2015 Senate: Passed 1st Reading(link is external)
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Thu, 9 Apr 2015 Senate: Withdrawn From Com(link is external)
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Thu, 9 Apr 2015 Senate: Re-ref Com On Judiciary II(link is external)
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Tue, 28 Apr 2015 Senate: Reptd Fav Com Substitute(link is external)
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Tue, 28 Apr 2015 Senate: Com Substitute Adopted(link is external)
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Wed, 29 Apr 2015 Senate: Passed 2nd Reading(link is external)
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Wed, 29 Apr 2015 Senate: Passed 3rd Reading(link is external)
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Thu, 30 Apr 2015 Senate: Regular Message Sent To House(link is external)
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Thu, 30 Apr 2015 House: Regular Message Received From Senate(link is external)
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Thu, 30 Apr 2015 House: Passed 1st Reading(link is external)
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Wed, 1 Jul 2015 House: Withdrawn From Com(link is external)
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Wed, 1 Jul 2015 House: Re-ref Com On Judiciary I(link is external)
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Wed, 15 Jul 2015 House: Reptd Fav(link is external)
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Wed, 15 Jul 2015 House: Cal Pursuant Rule 36(b)(link is external)
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Wed, 15 Jul 2015 House: Placed On Cal For 07/16/2015(link is external)
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Thu, 16 Jul 2015 House: Passed 2nd Reading(link is external)
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Mon, 20 Jul 2015 House: Amend Adopted A1(link is external)
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Mon, 20 Jul 2015 House: Passed 3rd Reading(link is external)
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Tue, 21 Jul 2015 House: Regular Message Sent To Senate(link is external)
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Tue, 21 Jul 2015 Senate: Placed On Cal For 07/22/2015(link is external)
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Tue, 21 Jul 2015 Senate: Withdrawn From Cal(link is external)
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Tue, 21 Jul 2015 Senate: Placed On Cal For 07/23/2015(link is external)
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Thu, 23 Jul 2015 Senate: Withdrawn From Cal(link is external)
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Thu, 23 Jul 2015 Senate: Placed On Cal For 07/27/2015(link is external)
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Mon, 27 Jul 2015 Senate: Concurred In H Amend S678v2(link is external)
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Mon, 27 Jul 2015 Senate: Ordered Enrolled(link is external)
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Tue, 28 Jul 2015 Ratified(link is external)
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Wed, 29 Jul 2015 Pres. To Gov. 07/29/2015(link is external)
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Wed, 5 Aug 2015 Signed by Gov. 8/5/2015(link is external)
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Wed, 5 Aug 2015 Ch. SL 2015-177(link is external)
Bill Summaries:
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Bill S 678 (2015-2016)Summary date: Aug 10 2015 - View Summary
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Bill S 678 (2015-2016)Summary date: Jul 20 2015 - View Summary
House amendment makes the following changes to the 2nd edition.
Amends GS 75-53, making a clarifying change.
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Bill S 678 (2015-2016)Summary date: Apr 28 2015 - View Summary
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.
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Bill S 678 (2015-2016)Summary date: Mar 31 2015 - View Summary
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.