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

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).

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