Protecting Consumers

The North Carolina Statutes contain laws and regulations that protect consumers from deceptive trade practices, unsafe products, identity theft, and other criminal activity directed at purchasers of goods and services. In fact, some laws are specifically designed to protect certain classes of consumers purchasing certain types of goods. The North Carolina Unfair and Deceptive Trade Practices Act, for instance, regulates how entities tell consumers about the products they provide. And the Consumer Economic Protection Act helps parties resolve foreclosure issues for owner-occupied residential real estate.

Consumers are regularly confronted with purchases of goods that do not work as anticipated or advertised, and many have fallen victim to deceptive trade practices and truthful lending issues, as seen in the foreclosure boom of recent years.

Matters regulated by North Carolina’s consumer protection laws are brought in state court. Depending on damages, these claims can be brought at the District Court or Superior Court level.

As companions to North Carolina statutes, there are equally protective federal laws that also protect consumers:

The Fair Credit Reporting Act (FCRA) is a federal law that offers essential protections for consumers by ensuring the accuracy and fairness of credit reporting. Under this act, consumers are safeguarded from inaccurate or fraudulent information on their credit reports. If a credit reporting agency or creditor reports incorrect data, consumers have the right to dispute and correct these errors. The FCRA also regulates how long negative information can remain on a credit report, providing an additional layer of protection against long-term credit damage from false or outdated information.
The Truth in Lending Act (TILA) protects consumers from liability for unauthorized charges on their credit cards, which is crucial in cases of identity theft. TILA ensures transparency in lending, requiring creditors to disclose key terms and costs associated with loans and credit accounts. In addition to shielding consumers from identity theft-related charges, TILA helps them better understand their borrowing terms, promoting informed financial decisions.
The Fair Credit Billing Act (FCBA) focuses on ensuring the accuracy of billing practices and provides a mechanism for consumers to dispute incorrect or fraudulent charges on their credit card accounts. If a billing error occurs—whether due to merchant mistakes, unauthorized transactions, or incorrect amounts—this law outlines the process for correcting those errors. The FCBA guarantees that consumers are not held financially responsible for charges resulting from mistakes or fraud while the issue is being resolved.
The Fair Debt Collection Practices Act (FDCPA) regulates how collection agencies can interact with consumers when attempting to collect debts. The FDCPA prohibits abusive, unfair, or deceptive practices by debt collectors, including harassment, misrepresentation of debt, and threats of legal action that they cannot take. It also outlines the rights of consumers to request verification of debts and to limit the time and manner of collection communications. This law aims to protect consumers from predatory or aggressive debt collection tactics while ensuring that legitimate debts are collected in a lawful manner.
The Identity Theft and Assumption Deterrence Act (ITADA) serves as a key legal framework for addressing identity theft. This act governs the procedures for filing complaints and outlines the actions to be taken by authorities in cases of identity theft. ITADA also focuses on consumer education, providing resources and guidance on preventive measures that individuals can take to protect themselves from identity theft. By establishing penalties for identity theft-related crimes, the act also acts as a deterrent to would-be offenders.
The Credit Card Accountability, Responsibility, and Disclosure Act (CARD Act) regulates the actions of credit card companies, specifically focusing on how and when they can increase interest rates on existing accounts. The act provides protections against unfair or arbitrary interest rate hikes, limits fees and penalties that credit card issuers can charge, and requires clear disclosures about terms and changes to accounts. The CARD Act ensures greater transparency and fairness in the credit card industry, helping consumers avoid unexpected charges and fees.

At Ferikes Bleynat & Cannon our Asheville consumer protection practice extends across both state and federal claims. We are experienced state and federal consumer protection lawyers and staunch advocates for our clients’ rights. Some of the matters we handle include:

Debt Collection/Defense
Identity Theft
Foreclosure Defense
Credit Reporting Discrepancies
Unfair Trade and Deceptive Practices
Truth in Lending Matters
Products Liability
Health Care Insurance Claim Matters
Home Repair and Construction Matters

If you are a consumer-facing any of these issues, contact our lawyers for a confidential consultation. We will evaluate your matter and help you strategize the best course of action. We can help protect your rights under both state and federal law.