Complaining about harassment or misconduct by debt collectors
In the first instance, you may want to discuss concerns about misconduct directly with the debt collector. Tell them you believe their conduct is unacceptable and refer them to the Debt collection guideline for collectors and creditors that we produced jointly with the Australian Securities and Investment Commission (ASIC).
If the harrassment is serious and/or ongoing, you should reportit to the ACCC or ASIC, or to the consumer affairs or fair trading agency in your state or territory. Conduct involving assault or threats of violence should be reported to the police. The consumer protection responsibilities of these ACCC and ASIC are outlined below.
Commonwealth agencies: ACCC or ASIC?
The ACCC and ASIC look after the Commonwealth laws that protect people from undue harassment and other illegal debt collection conduct.
The ACCC is the general consumer protection regulator. If your debt relates to goods and services generally (e.g. phone or utility bills and debts to tradespeople or service providers), contact our Infocentre on 1300 302 502.
ASIC is the financial services regulator. If your debt relates to a loan or credit card or another financial product or service (such as insurance) contact ASIC's Infoline on 1300 300 630 or visit ASIC's consumer website, FIDO, and follow the link to 'How to Complain'. Visit FIDO for lots more tips from ASIC on managing your money, dealing with debt, loans, insurance and superannuation and how to get professional financial advice.
State and territory consumer affairs or fair trading agencies look after fair trading laws, that include similar protections for consumers as Commonwealth laws.
You can complain to your state or territory consumer affairs agency about harassment by debt collectors. Search our Consumer & business directory (see the link in the menu on the left) for contact details for consumer affairs agencies in your state or territory.
The states and territories also look after the Uniform Consumer Credit Code (the UCCC), which regulates consumer lending. The UCCC gives you the right to get account information and copies of documents for most types of loans and credit cards. In some circumstances the UCCC also lets you apply to vary your repayments if you have suffered hardship (e.g. because of illness, unemployment or other reasonable cause). It also regulates repossession and court action if you default on repayments for a consumer loan.
As well as looking after these laws, state and territory consumer affairs agencies operate licensing or registration schemes for independent debt collection agents.
Dispute resolution schemes
You may be able to resolve an ongoing dispute with a debt collector using an independent body (e.g. a fair trading tribunal or independent dispute resolution scheme).
There are independent dispute resolution schemes for the banking, telecommunications and utilities industries. These schemes are available to consumers free of charge, and scheme members must comply with their decisions.
Make sure you refer an unresolved dispute to a scheme or tribunal without delay. Generally, legal proceedings cannot be started against you while a matter is being considered by one of these bodies. On the other hand, if legal proceedings have started you cannot take your dispute to a scheme or tribunal, and if you wish to dispute the debt you will need to file a defence in court.
Search our Consumer & business directory for contact details for dispute resolution schemes. There is a link to the directory in the menu on the left.
Office of the Privacy Commissioner
Debt collectors must protect your personal information and the personal information of third parties. Contact the Office of the Privacy Commissioner if you believe that the debt collector or creditor has broken privacy laws.
The police
Conduct involving assault or threats of violence should be reported to the police.
