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Debt Collection and the Australian Consumer Law

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The Australian Competition & Consumer Commission (“the ACCC”) and the Australian Securities and Investments Commission (“ASIC”) enforce consumer protection laws in relation to debt collections.

In an economic environment where individuals and businesses are experiencing financial difficulties and cash flow issues it is important to remember the legal framework that sits behind your right to recover a debt owed to you.

 Recent investigations by the ACCC have centred on:

  • a failure of some businesses to manage the debt collection process with consumers;
  • so called “Credit Repair” organisations charging consumers high fees to undertake searches and work to “repair” their credit records when these services are available free through most credit reporting agencies and the relevant Ombudsman; 
  • selling debts to multiple debt collectors.

One of the strengths of our litigation team is its extensive experience in debt collection, litigation and enforcement of judgments.  Working within the legal framework, we are able to guide and advise you to achieve results in an efficient and cost effective manner.

If you need any assistance or advice in relation to debt collections please contact our Dispute Resolution & Litigation team by email litigation@mst.com.au or by telephone +61 38540 0200.