Skip to main content
Home

Main navigation

  • NC Bankruptcy Cases
    • Eastern District
    • Middle District
    • Western District
  • NC Courts
    • 4th Circuit Court of Appeals
    • NC Court of Appeals
    • NC Business Court
    • NC Supreme Court Cases
  • Federal Cases
  • Law Reviews & Studies
    • Book Reviews
  • NC Legislative History
  • Student Loan Debt
User account menu
  • Log in

Breadcrumb

  1. Home
  2. Blogs

E.D.N.C.: Alston v. NCR- Consumer Rights Claims are Not Assignable but are Personal Injury Torts

Profile picture for user Ed Boltz
By Ed Boltz, 2 May, 2025

Summary:

James Alston, claiming to  have been assigned FDCPA claims from a third party (Louis Greene), brought various claims against  National Credit Systems, Inc.  under the Fair Debt Collection Practices Act (FDCPA).   

Judge Flanagan  found that Alston lacked standing to prosecute this matter,  since FDCPA claims are personal tort claims, and under North Carolina law, such claims cannot be assigned.  Accordingly,  the case was  dismissed without prejudice for lack of subject matter jurisdiction under Rule 12(b)(1).

Commentary:

This case (and those it relies on, e.g.Investors Title Ins. Co. v. Herzig, 330 N.C. 681 (1992) ) has implications beyond just questions of assignability,  particularly as it holds that FDCPA claims (and also those under other consumer rights statutes)  are considered personal tort claims.  As personal injury torts, those consumer rights claims would be fully exempt under  N.C.G.S. § 1C-1601(a)(8).

With proper attribution,  please share this post. 

To read a copy of the transcript, please see:

Blog comments

Attachment
Document
alston_v._ncr.pdf (637.79 KB)
Category
Eastern District

About Us

Mountain View The purpose of the NC Bankruptcy Expert blog is to provide legal professionals with a consolidated resource for updates and case summaries about issues and decisions affecting bankruptcy, foreclosures, mortgages, and debt collection.

 
Lawyer Edward Boltz | Top Attorney Chapter 7

NC Bankruptcy Expert FREE Consultation

We Offer A Free Bankruptcy Consultation which has helped over 70,000 North Carolina families. We serve the entire state of North Carolina.

Proud Member of:












Categories

  • 4th Circuit Court of Appeals
  • Book Reviews
  • District Courts
  • Eastern District
  • Ed Boltz: Bankruptcy Attorney
  • Federal Cases
  • Forms
  • Home
  • Law Reviews & Studies
  • Middle District
  • Mortgage Modification Mediation Documents
  • NC Business Court
  • NC Court of Appeals
  • NC Courts
  • NC Supreme Court Cases
  • News
  • North Carolina Bankruptcy Cases
  • North Carolina District Court Cases
  • North Carolina Exemptions Legislative History
  • Student Loan Debt
  • Student Loan Options and Chapter 13 Bankruptcy
  • Western District
RSS feed
v. 1.2.2, © 2013-2025 ncbankruptcyexpert.com, all rights reserved. Follow @edboltz