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The Federal Court has ordered that Panthera Finance Pty Ltd pay $500,000 in penalties for unduly harassing three consumers over debts they did not owe and for misleading one of the three consumers. 

The ACCC has instituted proceedings against debt collection agency Panthera Finance Pty Ltd alleging it unduly harassed three consumers over debts they did not owe.

The Federal Court has ordered one of Australia’s largest debt collection firms, ACM Group Ltd, to pay $750,000 in penalties for ACM’s misleading, harassing, coercive and unconscionable pursuit of unpaid debts from two vulnerable consumers.

The Federal Court has found one of Australia’s largest debt collection firms, ACM Group Ltd, engaged in misleading or deceptive conduct, harassment and coercion, and unconscionable conduct in its dealings with two vulnerable consumers.

The ACCC has issued a Public Warning Notice about the conduct of overseas based online retailer Digital Sourcing ApS (Digital Sourcing), formerly Lux International Sales ApS (Luxstyle).

The Australian Competition and Consumer Commission has issued a Public Warning Notice about the alleged conduct of online retailer Lux International Sales ApS (a company based in Denmark that trades under the name LuxStyle).

Update: this release has been edited to more clearly identify the ACCC has made allegations against ACM Group Ltd (ACN 127 181 097).

A report released today by the Australian Competition and Consumer Commission and its Consumer Consultative Committee has found that there have been improvements in debt collection practices across Australia but that problem areas remain.

The Australian Competition and Consumer Commission (ACCC) and the Australian Securities and Investments Commission (ASIC) have launched 'Dealing with debt collectors: Your rights and responsibilities' a free guide that helps consumers in trouble with debt understand their options so they know how to deal with collectors and creditors.

The Australian Competition and Consumer Commission (ACCC) and the Australian Securities and Investments Commission (ASIC) have launched an updated version of their ‘Debt collection guideline: for collectors and creditors’.

The Federal Court has declared that a number of representations made by Pippa Sampson of Goddard Elliott Lawyers, in the period April 2002 to October 2010, to collect small debts on behalf of video rental stores were misleading and deceptive.  Pippa Sampson, the principal and registered owner of Goddard Elliott Lawyers has admitted sending approximately 20,000 debt collection notices per month in the 12 months prior to the Australian Competition and Consumer Commission instituting proceedings.  The notices were sent Australia-wide. “The scale and flagrant nature of this conduct, and the fact that it was engaged in by a lawyer is of great concern to the ACCC,” ACCC chairman Rod Sims said. The ACCC took legal action after concerns were raised by the Central Australian Aboriginal Legal Aid Service on behalf of clients who had received debt collection notices making the misleading representations.

On 12 October 2010 the Federal Court in Melbourne made an interlocutory order restraining Ms Pippa Sampson, principal lawyer of Goddard Elliott, from sending debt collection notices that the Australian Competition and Consumer Commission alleges are misleading and deceptive.

The Australian Competition and Consumer Commission has instituted Federal Court proceedings against Pippa Sampson, principal lawyer at Goddard Elliott, for alleged misleading and deceptive conduct when representing video stores in small debt recovery. The ACCC alleges that from at least July 2010, Pippa Sampson made misleading or deceptive representations in four debt collection letters and notices posted to addressees including: if the debt was not paid and the video stores issued legal proceedings against the addressee, this would necessarily result in the addressee having to pay significant legal costs.

The Australian Competition and Consumer Commission has called on the debt collection and debt buying industry to help crackdown on unscrupulous practices.

The Australian Competition and Consumer Commission and the Australian Securities and Investments Commission will hold a phone-in day dedicated to debt collection concerns on Thursday (31 July 2008).

The Australian Competition and Consumer Commission (ACCC) and the Australian Securities and Investments Commission (ASIC) today issued their joint consumer publication, Dealing with debt: your rights and responsibilities, in six new languages.

Fox Symes & Associates Pty Ltd and its directors, Mr Tim Maher and Ms Deborah Southon, have given undertakings to the Federal Court as part of a settlement of the Australian Competition and Consumer Commission's legal action against them. The ACCC alleged that, in its dealings with particular individuals, Fox Symes engaged in conduct that was misleading or deceptive and had acted unconscionably in contravention of the Trade Practices Act 1974. The settlement of the legal action was entered into by Fox Symes and its directors on the basis that they do not admit that they engaged in conduct in contravention of the Act. The undertakings provided to the court by Fox Symes include undertakings that, for a period of five years, it: will not make certain statements to customers or potential customers in respect of debt agreement proposals and debt agreements will use its best endeavours to inform customers and potential customers that details of a debt agreement proposal or debt agreement are highly likely to be recorded on a person’s credit report as maintained by credit reporting agencies will explain the nature and effect of all documents provided to customers and potential customers by Fox Symes, and will bring to the attention of customers and potential customers the amount of all fees payable in respect of a debt agreement.

Australia's largest debt collection company, Collection House Limited, will offer ex gratia  payments in aggregate totalling up to $660,000 to a group of approximately 500 New South Wales debtors from whom it collected 'old debts' between 2001 and 2004. The payments come after discussions with the Australian Competition and Consumer Commission and Collection House about a tranche of former Australian Guarantee Corporation Limited debts bought by Collection House and its subsidiary, Lion Finance Pty Ltd, in 2001. The ACCC first notified Collection House in January 2001 of its concerns about representations made to debtors about certain debt in NSW. In particular the ACCC was concerned about representations made by Collection House regarding its rights to collect 'old debts' that were potentially extinguished. 'Old debts' are those where a period prescribed in State and Territory based statutes of limitation (usually six years) has lapsed without any recovery action. In all States and Territories, statutes of limitation provide a defence against litigation for recovery of the debt after that specified period. However, NSW law goes further and extinguishes the debt at the conclusion of the statute period but allows for it to be revived by the courts in some circumstances. "The ACCC is aware that legal opinion is divided on the effect of this NSW law", ACCC Chairman, Mr Graeme Samuel, said today. "The ACCC maintains that regardless of a creditor having a potential further right of access to the courts, the Trade Practices Act 1974 precludes the creditor from misleading consumers about their rights when pursuing the debt in the meantime by claiming or suggesting it is entitled to the outstanding monies". Mr Samuel said that the ACCC would continue to press debt collectors and creditors generally not to mislead consumers as to their rights in regard to statute-barred debt in all States and Territories. Both the ACCC and Collection House sought legal advice on interpretation of the Limitation Act 1969 (NSW) and, as result of negotiations, the board of Collection House volunteered to make ex-gratia payments in relation to all accounts identified as being potentially statute extinguished at the time of collection activity.

The Australian Competition and Consumer Commission (ACCC) and the Australian Securities and Investments Commission (ASIC) today issued two jointly produced publications, aimed at improving standards in the debt collection industry and assisting consumers dealing with debts and debt collection.

Better redress and procedures for debtors in relation to factored debt will ensue following the ACCC's inquiries into complaints about Alliance Factoring's debt collection practices and procedures.

A second draft of the guideline on consumer protection laws for those involved in the debt collection industry has been issued by the Australian Competition and Consumer Commission and the Australian Securities and Investments Commission.

The Australian Competition and Consumer Commission and Australian Securities and Investments Commission today issued their joint draft debt collection guideline for public consultation.

A new agreement covering liaison, cooperation, assistance, joint enquiries and exchange of confidential information arrangements has been signed by the Australian Securities and Investment Commission and the Australian Competition and Consumer Commission.