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October 16, 2005

Debt collection guidelines

The
Australian Competition and Consumer Commission (ACCC) and the
Australian Securities and Investments Commission (ASIC) have issued a
jointly produced publication, aimed at improving standards in the debt
collection industry:
 Debt collection guideline: for collectors and creditors

A
debt collector who breaches the harassment and coercion provisions of
the Commonwealth consumer protection laws risks fines of up to $220,000
for individuals or $1.1 million for a corporation. Similar fines are
risked if a collector is convicted of knowingly making false or
misleading representations (criminal prosecution).

Apart
from criminal sanctions, ASIC or the ACCC can seek civil court orders
against a collector, including injunctions against future conduct and
non-punitive orders, such as corrective advertising.

Someone who has suffered loss or damage from a collector’s action may be able to recover their losses in certain circumstances.

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Posted 16th October 2005 by David Jacobson in Business Planning, Financial Services, Privacy, Trade Practices