§ 58-70-110. Deceptive representation.
§ 58‑70‑110. Deceptive representation.
No collection agency shallcollect or attempt to collect a debt or obtain information concerning aconsumer by any fraudulent, deceptive or misleading representation. Suchrepresentations include, but are not limited to, the following:
(1) Communicating withthe consumer other than in the name of the person making the communication, thecollection agency and the person or business on whose behalf the collectionagency is acting or to whom the debt is owed;
(2) Failing to disclosein the initial written communication with the consumer and, in addition, if theinitial communication with the consumer is oral, in that initial oralcommunication, that the debt collector is attempting to collect a debt and thatany information obtained will be used for that purpose, and the failure todisclose in subsequent communications that the communication is from a debtcollector; provided, however, that this subdivision does not apply to a formalpleading made in connection with legal action;
(3) Falsely representingthat the collection agency has in its possession information or something ofvalue for the consumer;
(4) Falsely representingthe character, extent, or amount of a debt against a consumer or of its statusin any legal proceeding; falsely representing that the collection agency is inany way connected with any agency of the federal, State or local government; orfalsely representing the creditor's rights or intentions;
(5) Using ordistributing or selling any written communication which simulates or is falselyrepresented to be a document authorized, issued, or approved by a court, anofficial, or any other legally constituted or authorized authority, or whichcreates a false impression about its source;
(6) Falsely representingthat an existing obligation of the consumer may be increased by the addition ofattorney's fees, investigation fees, service fees, or any other fees orcharges;
(7) Falsely representingthe status or true nature of the services rendered by the collection agency orits business.
(8) Communicating withthe consumer in violation of the provisions of G.S. 62‑159.1(a), 153A‑277(b1),or 160A‑314(b1). (1979, c. 835; 2001‑269, s. 1.4; 2009‑302, s. 4.)