House amendment to the 5th edition makes the following changes.  

Inserts new Part VII, as follows.

Amends GS 58-70-90 (definitions pertaining to prohibited practices by collection agencies engaged in consumer debt collection) to add defined terms credit card debt and itemized accounting. Specifies that for purposes of a debt collection agency’s violation of any prohibited practices set forth in Part 3 of Article 40 of GS Chapter 58, a debtor does not need to prove actual damages to recover the civil penalty; the civil penalty is in addition to the actual damages, if any. Increases the pleading requirements for a complaint filed by a collection agency plaintiff under GS 58-70-145 to require that such plaintiffs allege that notice required by GS 58-70-115(6) was sent, and to incorporate documents sent with that notice. Requires that a court dismiss any complaints that fail to comply with GS 58-70-145. Amends GS 58-70-150 (materials that must accompany a debt buyer plaintiff’s complaint) as follows. Specifies that for complaints based on credit card debt, the debt buyer must allege in the complaint that no contract or signed writing evidencing the original debt to trigger the requirement that documents generated when the credit card was actually used must be attached. Makes clarifying change. Provides that any complaint failing to comply with the section must be dismissed by the court upon motion of the debtor or on the court’s own initiative.  

Amends GS 58-70-155 (prerequisites to entering a default or summary judgment against debtor) to establish that, for claims based on credit card debt, the only evidence sufficient to establish the amount and nature of the debt are properly authenticated business records that satisfy the requirements of the specified North Carolina Rules of Evidence, and that include at least all of the following: (1) the original account number; (2) the original creditor; (3) an itemized accounting; (4) the date of last payment, if any; (5) the basis for the interest charged; and (6) the date the account was opened. Provides that if a debt buyer fails to satisfy the statute's requirements, the debt buyer's motion for summary judgment or default judgment must be denied and any judgments entered in favor of the non-compliant debt buyer are void and subject to vacatur under the NC Rules of Civil Procedure. Makes conforming and organizational changes.

Effective January 1, 2024, and applies to debt collection activities undertaken and actions filed on or after that date. 

Makes organizational change to account for new section and conforming changes to act’s long title.