58-70-1. Permit from Commissioner of Insurance; penalty for violation; exception. No person, firm, corporation, or association shall conduct or operate a collection agency or do a collection agency business, as the same is hereinafter defined in this Article, until he or it shall have secured a permit therefor as provided in this Article. Any person, […]
58-70-10. Application to Commissioner for permit renewal. Any person, firm, corporation or association desiring to renew a permit issued pursuant to G.S. 58-70-5 shall make application to the Commissioner of Insurance not less than 30 days prior to the expiration date of the then current permit. Such renewal applicant shall be entitled to a renewal […]
58-70-100. Harassment. No collection agency shall use any conduct, the natural consequence of which is to oppress, harass, or abuse any person in connection with the attempt to collect any debt. Such conduct includes, but is not limited to, the following: (1) Using profane or obscene language, or language that would ordinarily abuse the typical […]
58-70-105. Unreasonable publication. No collection agency shall unreasonably publicize information regarding a consumer’s debt. Such unreasonable publication includes, but is not limited to, the following: (1) Any communication with any person other than the debtor or his attorney, except: a. With the permission of the debtor or his attorney; b. To persons employed by the […]
58-70-110. Deceptive representation. No collection agency shall collect or attempt to collect a debt or obtain information concerning a consumer by any fraudulent, deceptive or misleading representation. Such representations include, but are not limited to, the following: (1) Communicating with the consumer other than in the name of the person making the communication, the collection […]
58-70-115. Unfair practices. No collection agency shall collect or attempt to collect any debt by use of any unfair practices. Such practices include, but are not limited to, the following: (1) Seeking or obtaining any written statement or acknowledgment in any form containing an affirmation of any debt by a consumer who has been declared […]
58-70-120. Unauthorized practice of law; court appearances. Neither a collection agency nor any representative thereof who is not a duly licensed attorney shall engage in the practice of law. As used in this section, "practice of law" includes the preparation of warrants or subpoenas. A collection agency’s representative is prohibited from appearing in court on […]
58-70-125. Shared office space. The office of a collection agency shall not be shared or have a common waiting room with a practicing attorney or any type of lending institution. The office may be located in a private residence only if it is solely for business purposes, has an outside entrance and can be isolated […]
58-70-130. Civil liability. (a) Any collection agency which violates Part 3 of this Article with respect to any debtor shall be liable to that debtor in an amount equal to the sum of any actual damages sustained by the debtor as a result of the violation. (b) Any collection agency which violates Part 3 of […]
58-70-145. Complaint of a collection agency plaintiff must contain certain allegations. In any cause of action that arises out of the conduct of a business for which a plaintiff must secure a permit pursuant to this Article, the complaint shall allege as part of the cause of action that the plaintiff is duly licensed under […]
58-70-15. Definition of collection agency and collection agency business. (a) "Collection agency" means a person directly or indirectly engaged in soliciting, from more than one person delinquent claims of any kind owed or due or asserted to be owed or due the solicited person and all persons directly or indirectly engaged in the asserting, enforcing […]
58-70-150. Complaint of a debt buyer plaintiff must be accompanied by certain materials. In addition to the requirements of G.S. 58-70-145, in any cause of action initiated by a debt buyer, as that term is defined in G.S. 58-70-15, all of the following materials shall be attached to the complaint or claim: (1) A copy […]
58-70-155. Prerequisites to entering a default or summary judgment against a debtor under this Part. (a) Prior to entry of a default judgment or summary judgment against a debtor in a complaint initiated by a debt buyer, the plaintiff shall file evidence with the court to establish the amount and nature of the debt. (b) […]
58-70-20. Bond requirement. (a) As a condition precedent to the issuance of any permit under this Article, every applicant for a permit shall file with the Commissioner a bond in favor of the State of North Carolina that is executed by a surety company licensed to transact surety business in this State. The bond shall […]
58-70-25. Record of business in State. (a) Each person, firm, or corporation licensed as a collection agency in North Carolina shall keep a full and correct record of all business done in this State as set forth below. All such records pertaining to collection activity, concerning debtor records and client accounting records, but not general […]
58-70-30. Hearing granted applicant if application denied; appeal. If, upon application, the Commissioner finds that the permit should not be issued or renewed and denies an application, he shall notify the applicant or permittee and advise, in writing, the applicant or permittee of the reasons for the denial or nonrenewal of the permit. Within 30 […]
58-70-35. Application fee; issuance of permit; contents and duration. (a) Upon the filing of the application and information required by this Article, the applicant shall pay a nonrefundable fee of one thousand dollars ($1,000), and no permit may be issued until this fee is paid. Fees collected under this subsection shall be credited to the […]
58-70-40. Restraining orders; criminal convictions; permit revocations; other permit requirements. (a) When it appears to the Commissioner that any person has violated, is violating, or threatens to violate any provision of this Article, he may apply to the superior court of any county in which the violation has occurred, is occurring, or may occur for […]
58-70-45. Disposition of permit fees. All permit fees collected under this Article shall be credited to the Insurance Regulatory Fund created under G.S. 58-6-25. (1931, c. 217, s. 8; 1943, c. 170; 1979, c. 835; 1991, c. 689, s. 293; 2003-221, s. 8.)
58-70-5. Application to Commissioner for permit. (a) Any person, firm, corporation or association desiring to secure a permit as provided by G.S. 58-70-1, shall make application to the Commissioner of Insurance for each location at which the person, firm, corporation or association desires to carry on the collection agency business as defined in this Article. […]
