Debt collection occurs when creditors and collectors seek to secure payment from consumers or businesses who are legally bound to pay or to repay money they owe. It is important that any organisation involved in recovering debt is aware of its legal obligations.
If your business approaches consumers directly, such as at their door or over the phone, to secure a sale, there are certain obligations you need to comply with.
The Australian Consumer Law (ACL) requires businesses to provide consumer guarantees for most consumer goods and services they sell.
There are different types of warranties that businesses can offer to consumers. These warranties do not override or limit consumer guarantees and consumers may be entitled to a repair, replacement or refund, even if any voluntary or extended warranty has expired.
There are rules that businesses need to comply with when offering lay-by agreements to their customers.
As a business, you have certain protections under the Competition and Consumer Act 2010 and Australian Consumer Law.
Growers and traders need to comply with the Horticulture Code when buying and selling horticulture produce.
Non-prescribed voluntary industry codes of conduct set out specific standards of conduct for an industry including how to deal with its members and customers. These codes only apply to those who sign up to them. The ACCC may be able to assist your industry in developing a voluntary code by providing general guidance. We do not have a role in drafting voluntary codes.
The ACCC can ask a corporation for information or documents it is required to keep, generate or publish under a prescribed industry code (i.e. the Franchising Code, Horticulture Code, Oilcode, Unit Pricing Code and Wheat Port Code). The corporation has 21 days to provide these documents.
Any statement representing your products or services should be true, accurate and able to be substantiated. There are fines for businesses that mislead consumers. It does not matter whether a false or misleading statement was intentional or not.