When enacting the Fair Debt Collection Practices Act (FDCPA) statute, the U.S. Congress made a number of observations regarding abusive, deceptive, and unfair debt collection practices that it sought to address in this federal law:
• There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.
• Existing laws and procedures for redressing these injuries are inadequate to protect consumers.
• Means other than misrepresentation or other abusive debt collection practices are available for the effective collection of debts.
• Abusive debt collection practices are carried on to a substantial extent in interstate commerce and through means and instrumentalities of such commerce. Even where abusive debt collection practices are purely intrastate in character, they nevertheless directly affect interstate commerce.
• It is the purpose of the FDCPA to eliminate abusive debt collection practices by debt collectors, to ensure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent state action to protect consumers against debt collection abuses.
In addition to the FDCPA—which applies in all 50 states—many states have consumer protection laws that prohibit and penalize abusive, deceptive, and unfair debt collection practices. These laws are usually located in a state’s statutes.
The Fair Debt Collection Practices Act (FDCPA) is a federal law that aims to eliminate abusive, deceptive, and unfair debt collection practices. It was enacted by the U.S. Congress in response to widespread evidence of such practices, which have been linked to personal bankruptcies, marital instability, job loss, and invasions of privacy. The FDCPA provides a framework for protecting consumers and ensuring fair competition among debt collectors who abide by the law. In North Carolina, as in all other states, the FDCPA is applicable and provides consumers with protection against such practices. Additionally, North Carolina has its own set of consumer protection laws that complement the FDCPA and address debt collection practices at the state level. These laws are designed to further safeguard consumers from abusive debt collection behaviors and can be found within the state's statutes. An attorney specializing in consumer protection law can provide specific guidance on both federal and state regulations regarding debt collection in North Carolina.