North Carolina General Statutes
Chapter 25A - Retail Installment Sales Act
§ 25A-25 - Preservation of consumers' claims and defenses.

25A-25. Preservation of consumers' claims and defenses.
(a) In a consumer credit sale, a buyer may assert against the seller, assignee of the seller, or other holder of the instrument or instruments of indebtedness, any claims or defenses available against the original seller, and the buyer may not waive the right to assert these claims or defenses in connection with a consumer credit sales transaction. Affirmative recovery by the buyer on a claim asserted against an assignee of the seller or other holder of the instrument of indebtedness shall not exceed amounts paid by the buyer under the contract.
(b) Every consumer credit sale contract shall contain the following provision in at least ten-point boldface type:

NOTICE
(c) Compliance with the requirements of the Federal Trade Commission rule on preservation of consumer claims and defenses is considered full compliance with this act. (1971, c. 796, s. 1; 1977, c. 921.)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 25A - Retail Installment Sales Act

§ 25A-1 - Scope of act.

§ 25A-2 - "Consumer credit sale" defined.

§ 25A-3 - "Payable in installments" defined.

§ 25A-4 - "Goods" defined.

§ 25A-5 - "Services" defined.

§ 25A-6 - "Seller" defined.

§ 25A-7 - "Cash price" defined.

§ 25A-8 - "Finance charge" defined.

§ 25A-9 - "Amount financed" defined.

§ 25A-10 - "Official fees" defined.

§ 25A-11 - "Revolving charge account contract" defined.

§ 25A-12 - "Consumer credit installment sale contract" defined.

§ 25A-13 - "Consumer Credit Protection Act" defined.

§ 25A-14 - Finance charge rates and service charge for revolving charge account contracts.

§ 25A-15 - Finance charge rates for consumer credit installment sale contracts.

§ 25A-16 - Transfer of equity.

§ 25A-17 - Additional charges for insurance.

§ 25A-18 - Confession of judgment.

§ 25A-19 - Acceleration.

§ 25A-20 - Disclaimer of warranty.

§ 25A-21 - Attorneys' fees.

§ 25A-22 - Receipts for payments; return of title documents upon full payment.

§ 25A-23 - Collateral taken by the seller.

§ 25A-24 - Identification of instruments of indebtedness.

§ 25A-25 - Preservation of consumers' claims and defenses.

§ 25A-26 - Substitution of collateral.

§ 25A-27 - Application of payments.

§ 25A-28 - Form of consumer credit installment sale contract.

§ 25A-29 - Default charges.

§ 25A-30 - Deferral charges.

§ 25A-31 - Consolidation and refinancing.

§ 25A-32 - Rebates on prepayment.

§ 25A-32.1 - Unearned finance charge credits on prepayment of loans secured by real property and mobile home loans.

§ 25A-33 - Terms of payments.

§ 25A-34 - Balloon payments.

§ 25A-35 - Statement of account.

§ 25A-36 - Certificates of insurance and rebates.

§ 25A-37 - Referral sales.

§ 25A-38 - "Home-solicitation sale" defined.

§ 25A-39 - Buyer's right to cancel.

§ 25A-40 - Form of agreement or offer; statement of buyer's rights.

§ 25A-41 - Restoration of down payment; retention of goods.

§ 25A-42 - Duties as to care and return of goods; no compensation for services prior to cancellation.

§ 25A-43 - Unconscionability.

§ 25A-44 - Remedies and penalties.

§ 25A-45 - Conflict with Consumer Credit Protection Act.