58-70-95. Threats and coercion.
No collection agency shall collect or attempt to collect any debt alleged to be due and owing from a consumer by means of any unfair threat, coercion, or attempt to coerce. Such unfair acts include, but are not limited to, the following:
(1) Using or threatening to use violence or any illegal means to cause harm to the person, reputation or property of any person;
(2) Falsely accusing or threatening to accuse any person of fraud or any crime, or of any conduct that would tend to cause disgrace, contempt or ridicule;
(3) Making or threatening to make false accusations to another person, including any credit reporting agency, that a consumer has not paid, or has willfully refused to pay a just debt;
(4) Threatening to sell or assign, or to refer to another for collection, the debt of the consumer with an attending representation that the result of such sale, assignment or reference would be that the consumer would lose any defense to the debt or would be subject to harsh, vindictive, or abusive collection attempts;
(5) Representing that nonpayment of an alleged debt may result in the arrest of any person;
(6) Representing that nonpayment of an alleged debt may result in the seizure, garnishment, attachment, or sale of any property or wages unless such action is in fact contemplated by the debt collector and permitted by law;
(7) Threatening to take any action not in fact taken in the usual course of business, unless it can be shown that such threatened action was actually intended to be taken in the particular case in which the threat was made;
(8) Threatening to take any action not permitted by law. (1979, c. 835.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 70 - Collection Agencies.
§ 58-70-1 - Permit from Commissioner of Insurance; penalty for violation; exception.
§ 58-70-5 - Application to Commissioner for permit.
§ 58-70-10 - Application to Commissioner for permit renewal.
§ 58-70-15 - Definition of collection agency and collection agency business.
§ 58-70-20 - Bond requirement.
§ 58-70-25 - Record of business in State.
§ 58-70-30 - Hearing granted applicant if application denied; appeal.
§ 58-70-35 - Application fee; issuance of permit; contents and duration.
§ 58-70-45 - Disposition of permit fees.
§ 58-70-50 - All collection agencies to identify themselves in correspondence.
§ 58-70-60 - Statements to be furnished each collection creditor.
§ 58-70-65 - Remittance trust account.
§ 58-70-70 - Receipt requirement.
§ 58-70-75 - Creditor may request return of accounts.
§ 58-70-80 - Return of accounts and all valuable papers upon termination of permit.
§ 58-70-85 - Application of funds where there is a debtor-creditor relationship.
§ 58-70-95 - Threats and coercion.
§ 58-70-105 - Unreasonable publication.
§ 58-70-110 - Deceptive representation.
§ 58-70-115 - Unfair practices.
§ 58-70-120 - Unauthorized practice of law; court appearances.
§ 58-70-125 - Shared office space.
§ 58-70-130 - Civil liability.
§ 58-70-145 - Complaint of a collection agency plaintiff must contain certain allegations.
§ 58-70-150 - Complaint of a debt buyer plaintiff must be accompanied by certain materials.