What are the rules on debt collector contact and harassment in Queensland?

Owing money can be incredibly stressful, but it does not remove your fundamental legal protections. The law strictly regulates how debt collectors operate in Queensland, ensuring debtors are treated fairly and without undue harassment.

What Debt Collectors Cannot Do

Under the Australian Consumer Law and ASIC/ACCC guidelines, debt collectors are strictly prohibited from engaging in the following behaviors:

• Harassment and Coercion: They cannot use physical force, aggressive language, or coercive tactics.
• Unreasonable Contact: They cannot call you at unreasonable hours (e.g., late at night or early morning) or an unreasonable number of times per week.
• Privacy Breaches: They cannot discuss your debt with your employer, neighbors, friends, or family without your explicit consent. They cannot threaten to “embarrass you at work.”
• False Threats: They cannot threaten legal action or consequences that do not actually exist or that they do not intend to take (e.g., threatening immediate imprisonment).
• Misrepresentation: They cannot mislead you about the exact amount you owe or the legal status of the debt.

What to Do If You Are Being Harassed

If a debt collector crosses the line, you should take immediate action:

1. Document Everything: Keep a detailed log of every interaction, noting dates, times, and exactly what was said. Save all emails, texts, and voicemails.
2. Object in Writing: Send a formal written objection to the debt collection agency, outlining the unacceptable behavior and demanding they cease.
3. Escalate: If the harassment continues, lodge a formal complaint. Depending on the type of debt, you can contact the Australian Competition and Consumer Commission (ACCC), the Australian Securities and Investments Commission (ASIC), or the Australian Financial Complaints Authority (AFCA).
4. Seek Legal Help: A solicitor can write to the agency on your behalf, reminding them of their legal obligations and the potential for civil penalties under the Australian Consumer Law, and that the most serious conduct (such as threats or coercion) can also amount to criminal liability.

Do not endure illegal debt collection practices.

Related Topics

• When should I hire a lawyer for debt recovery?
• How do I enforce a QCAT decision?

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1. Competition and Consumer Act 2010 (Cth), Sch 2 (Australian Consumer Law)
2. ASIC Act 2001 (Cth)