The Fair Debt Collection Practices Act (FDCPA) prohibits harassment or abuse in collecting a debt such as threatening violence, use of obscene or profane language, publishing lists of debtors who refuse to pay debts, or even harassing a debtor by repeatedly calling the debtor on the phone. The FDCPA applies only to those who regularly engage in the business of collecting debts for others -- primarily to collection agencies. The Act does not apply when a creditor attempts to collect debts owed to it by directly contacting the debtors. It applies only to the collection of consumer debts and does not apply to the collection of commercial debts. Consumer debts are debts for personal, home, or family purposes. The collector is restricted in the type of contact he can make with the debtor. He can't contact the debtor before 8:00 a.m. or after 9:00 p.m.
This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Title: North Carolina Complaint by Debtor for Harassing and Malicious Telephone Calls Regarding Debt, Invasion of Right to Privacy, and Violation of the Federal Fair Debt Collection Practices Act Introduction: In North Carolina, debtors have the right to be protected from harassing and malicious telephone calls regarding their debt. This detailed description outlines the various types of complaints that debtors can file against creditors or debt collectors for invasion of privacy and violation of the Federal Fair Debt Collection Practices Act (FD CPA). Types of North Carolina Complaints by Debtor for Harassing and Malicious Telephone Calls Regarding Debt: 1. Violation of the Federal Fair Debt Collection Practices Act (FD CPA): Debtors have the right to file a complaint if they believe their creditor or debt collector has violated the FD CPA, which prohibits unfair, deceptive, and abusive debt collection practices. This may include situations where debt collectors engage in harassment, using threats, abusive language, or making false statements regarding the debt. 2. Invasion of Right to Privacy: Debtors can file a complaint if they believe their right to privacy has been invaded through continuous harassing and malicious telephone calls regarding their debt. This includes situations where the creditor or debt collector repeatedly calls at inconvenient times, contacts the debtor's workplace without authorization, or shares debt-related information with unauthorized individuals. Key Elements of the Complaint: When filing a North Carolina Complaint by Debtor for Harassing and Malicious Telephone Calls Regarding Debt, Invasion of Right to Privacy, and Violation of the FD CPA, the following elements should be included: 1. Debtor Information: Include the debtor's full name, address, contact information, and any relevant identification details, such as account numbers. 2. Creditor/Debt Collector Information: Provide detailed information about the creditor or debt collector, including their name, contact information, and any documentation related to the debt collection activities. 3. Description of Harassing and Malicious Telephone Calls: Clearly describe the nature and frequency of the harassing and malicious telephone calls, including dates, times, and any specific incidents. 4. Invasion of Right to Privacy: Explain how the debtor's right to privacy has been invaded through the creditor's or debt collector's actions, such as unauthorized contact with third parties, excessive calls, or contacting the debtor at work. 5. Violation of the FD CPA: Detail any violations of the FD CPA, mentioning specific provisions that have been violated, such as the use of abusive language, threats of legal action, false representation, or sharing debt-related information with unauthorized individuals. 6. Supporting Evidence: Attach any relevant documentation that supports the complaint, such as call logs, voicemails, written correspondence, or witness statements. Conclusion: By filing a North Carolina Complaint by Debtor for Harassing and Malicious Telephone Calls Regarding Debt, Invasion of Right to Privacy, and Violation of the FD CPA, debtors can seek legal protection and potential remedies against creditors or debt collectors engaged in unfair debt collection practices. It is advised to consult with an attorney specializing in debt collection laws to ensure the complaint is prepared accurately and effectively.
