5 Ways the Fair Debt Collection Practices Act Protects You

arranging for reimbursement of a debt

suggesting a settlement concept or opportunity payment arrangement to the debtor

reviewing present preparations after an agreed duration

finding out why in advance tries to contact the debtor have no longer been answered to inside a reasonable period

asking why an agreed repayment association isn’t being observed

investigating whether or not the debtor has changed their residential location without informing you, when there are grounds for believing this has occurred

sighting, examining or recuperating a security interest.

You may additionally touch a debtor on the debtor’s request.


Illegal behaviour while contacting a debtor

Under Australian law, a debt collector should no longer:


use physical pressure

use coercion, that’s forcing or compelling the debtor or a 3rd birthday party, together with a family member, to do some thing

harass or hassle the debtor to an unreasonable volume

deceive or mislead the debtor, or attempt to achieve this, no matter your intention

take unfair gain of any vulnerability, disability or different similar instances affecting the debtor, as this can quantity to unconscionable conduct.

Working to improve debt collection compliance

The ACCC has been focussing on debt collection compliance.


We have engaged with debt collectors and creditor companies, inclusive of utilities and telecommunication agencies, and supplied  steerage to assist debt creditors ( PDF 141.39 KB ) and  steering to help creditors ( PDF 139.01 KB ) keep away from breaching the Australian Consumer Law while engaging with borrowers.


We continue to monitor debt series reports and take enforcement action whilst we pick out concerning practices.


For further statistics, the joint ACCC/ASIC Debt series guiding principle for collectors and creditors is the complete manual to nice practice in debt series.


What debt collectors can & cannot do

If you’re coping with a debt collector, you have got protections underneath the law. A debt collector must not lie to, harass, coerce or act unconscionably towards you. If a debt collector contacts you approximately a legitimate debt, be cooperative however also assume to be dealt with professionally Commercial Collection Attorney.


Legal rights whilst dealing with debt creditors

Being contacted approximately a debt

Protecting your privateness

When to make a criticism approximately a debt collector


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