ACCC Quiz Part 1

What is ACCC?

Australian Consumer and Competetion

Australian Competition and Consumer Commission

Australian Collections Consumer and Competition

TRUE OR FALSE: Individuals can apply for 6 months temporary debt protection from creditors (up from 23 days)

False

True

TRUE OR FALSE: Both the ACCC and the Australian Securities and Investments Commission (ASIC) enforce Commonwealth consumer protection laws, including laws relevant to debt collection.

True

False

What are the temporary rules that will be available for 6 months due to COVID-19

Statutory demands can only be issued for debts of $20,000 or more (up from $2000)

Bankruptcy proceedings can only be started for debts of $20,000 or more (up from $6000)

Companies now have 6 months to respond to a statutory demand (up from 21 days).

individuals can apply for 6 months’ temporary debt protection from creditors (up from 21 days)

Give an example of multiple contact?

Can we contact the debtor during weekends?

Yes 9 am to 9 pm

Yes 9 am to 8 pm

Can we contact the debtor on his/her workplace?

Not sure

Debtor’s normal working hours if known

9 am to 5 pm on weekdays

Which is unacceptable?

Pay a large upfront amount and state that only afterwards will you consider payment arrangements

Ask them to borrow from family or friends to pay out a debt

get further into debt to pay out an existing debt

While an arrangement is in place, the debtor or their representative should not be contacted unless:

Debtor requested Call Back

Recap the payment arrangement

Debtor does not comply with the terms of the payment arrangement

How do you verify if you are talking to the debtor?

Ask for the Name, DOB, Las 4 of Driver's Liscence #

Ask for Full Name, DOB, Address

Ask for Full Name and DOB will do

If contact is necessary, it should be limited (unless you request or agree otherwise) to:

phone contact only between the hours of 7:30am–9:00pm on weekdays and 9:00am–10:00pm on weekends

a maximum of three phone calls or letters per week (or 10 per month)

contact on national public holidays.

face-to-face contact only between the hours of 9:00am–9:00pm on weekdays.

A person who collects debts on behalf of a business

Original Creditor

Debt Collector

Debtor

Under the Australian Consumer Law, a debt collector must not: ( 2 points )

mislead or deceive you

take fair advantage of any vulnerability, disability or other similar circumstances affecting you

not contact on national public holidays.