Banking and Finance - Consumer Action Law Centre

Customer-owned banking code must adequately address financial vulnerability

In our joint submission with Financial Rights Legal Centre to the Report Two of the Customer Owned Banking Association’s (COBA) independent review of the Customer Owned Banking Code of Practice (COBA...

Making it easier for vulnerable customers to access fee-free banking

Access to fee-free ‘basic bank accounts’ are an important support for vulnerable banking customers. In light of the harm banking fees can cause for low-income and vulnerable consumers, Commissioner Ha...

National Energy Retail Amendment (Strengthening Protections for Customers in Hardship) Rule 2018 Draft Rule Determination

The mortgage broking industry is long overdue for reform

The mortgage broking industry is long overdue for reform. Landmark inquiries from the Banking Royal Commission and the Productivity Commission, as well as a number of ASIC investigations, have all...

Royal Commission into Mental Health Terms of Reference Consultation

Cashless Debt Card undermines the role of the market in serving consumer and community interests

Much of the Federal Government’s effort to address cost of living pressures involves making it easy to switch and exercise choice, for example, through the new Consumer Data Right. However, the Cashle...

Giving energy users access to fair finance for new energy tech

On 9 September 2019, Consumer Action attended a pre-decision conference on AA1000439 New Energy Tech Consumer Code (The Code) Application. We have provided a further submission following the discussio...

“I don’t want other women falling into the same trap.” Victorian woman joins Canberra delegation to urge Government to stop predatory payday lenders

A Victorian woman who has suffered at the hands of payday lenders has an important message for the Government about the dangers of payday loans as she joins the Stop the Debt Trap Alliance, a coaliti...

Rent4Keeps sued over unaffordable consumer leases

A Victorian woman living with a disability has brought proceedings in the Federal Circuit Court regarding five consumer lease contracts from Darranda Pty Ltd, trading as Rent4Keeps, and Mobberley Ente...

Time is up for predatory credit agent, Cigno as ASIC confirms ban of lending model

Cigno has been weighed, measured and found wanting as the Australian Securities & Investments Commission (ASIC) takes decisive action to ban a predatory lending business model using its newfound p...

Keeping comprehensive credit reporting fair for those who have previously experienced hardship

Leading consumer advocacy bodies are concerned that customers who experience financial difficulty repaying loans will be unfairly penalised by credit reporting reforms proposed by the National Consume...

Submission: Telecommunications Consumer Safeguards Review Part A – Consumer Redress and Complaints Handling

The norm of fairness must be recognised

Our existing consumer protection framework has failed to prevent unfairness from becoming embedded in business practices. From unclear marketing, subscriptions that make cancellation difficult, to...

Urgent need for payday loan reform acknowledged by Consumer Affairs Ministers

The need for urgent law reform to protect consumers from unfair and predatory payday loans has been reinforced at a meeting of Australian and New Zealand ministers in Queenstown, New Zealand. Minis...

Response to ASIC’s update to internal dispute resolution requirements for financial firms (RG165)

It is critical that the process to make and resolve complaints with a bank, insurer, or super fund is timely, fair, and accessible, including for people experiencing vulnerability and disadvantage. O...

Consumer advocates unite as Government inaction on payday loan reform hits 1,000 days

As the counter ticks over to 1,000 days since the Coalition Government accepted the recommendations from the Small Amount Credit Contract (SACC) review, consumer advocacy organisations across the coun...

Insurance pricing differences: New vs existing customers

Support for an independent review of the Customer Owned Banking Code of Practice

In our joint submission with Financial Rights Legal Centre, Consumer Credit Legal Service (WA), Financial Counselling Australia and the Financial & Consumer Rights Council, we support Cameron Ralp...

New Energy Tech Consumer Code must protect Australians from exploitative buy now pay later arrangements

Consumer Action regularly assists vulnerable and disadvantaged consumers in Victoria with legal and financial issues that arise due to new energy technology such as solar. . The New Energy Tech Consu...

Protecting guarantors from financial abuse

In our feedback to the Banking Code Compliance Committee (BCCC) inquiry into banks’ compliance when accepting and enforcing guarantees, Consumer Action discusses our concerns with guarantee provision...

Opening statement: Public hearing on ASIC’s responsible lending guidance

The following is the opening statement from Consumer Action CEO, Gerard Brody at the public hearing on ASIC’s responsible lending guidance held in Melbourne on Monday, 19 August 2019. I’m G...

Who is making Australians bankrupt?

One of Australia’s largest debt collectors – Lion Finance (a subsidiary of ASX-listed Collection House Ltd) – turns to bankruptcy procedures to collect consumer debts far more often than its rivals, a...

Time to implement Hayne recommended law reform following court decision

The Financial Rights Legal Centre (Financial Rights) and Consumer Action Law Centre (Consumer Action) have called for the Government to amend responsible lending laws to ensure that lenders make reaso...

ASIC Consultation Paper 313: Product intervention power

We welcome the introduction of the product intervention power (PIP) and look forward to ASIC using the power to target businesses that cause consumer detriment by engaging in predatory conduct or fail...

NZ Select Committee on Credit Contracts Legislation Amendment Bill: Opening Remarks

The below statement was delivered on 31 July 2019 by Consumer Action Law Centre CEO, Gerard Brody to the New Zealand Select Committee on Credit Contracts Legislation Amendment Bill. High co...

ASIC Consultation Paper 316: Using the product intervention power: Short term credit

Businesses such as Cigno Pty Ltd, which facilitate access to predatory and unregulated payday loans by exploiting loopholes in the law, are on notice as the Australian Securities and Investment Commis...

Victoria’s Mental Health Royal Commission must examine links between links between poverty, debt and mental health

Consumer Action’s financial counsellors and lawyers speak regularly to individuals experiencing mental health issues. These individuals are commonly trying to deal with a range of consumer problems in...

Regulator slams ‘junk insurance’ sold by banks as Aussies demand over $2 million in refunds

The Australian Securities and Investments Commission (ASIC) report released today confirms that consumer credit insurance, commonly tacked on when taking out a loan or credit card, is junk. This news...

Consumer Action lodges complaint to Commonwealth Ombudsman about the Department of Human Services’ poor administration of Centrepay

Consumer Action Law Centre (Consumer Action) has made a formal complaint to the Commonwealth Ombudsman about the Department of Human Services (DHS). This complaint comes after the department failed o...

Consumer Action supports ASIC use of new powers to tackle predatory credit agents such as Cigno

Comment on the ACCC’s authorisation of amendments to the 2019 Banking Code of Practice

Consumer Action Law Centre (Consumer Action), the Financial Rights Legal Centre (Financial Rights) and Financial Counselling Australia (FCA) have provided comment on the Australian Banking Association...

Banks should recognise that anyone can become vulnerable: Submission to ABA Guideline on Customer Vulnerability

There are any number of reasons why a person would be unable to unwilling to speak up when they are struggling with their financial situation. Who among us hasn’t faced a financial issue at one poi...

Newly passed bill officially bans rent-to-buy and vendor finance schemes from the Victorian housing market

The historic ban on certain residential vendor terms and rent-to-buy agreements, included in the Sale of Land Amendment Bill 2019 passed by Parliament this week means vulnerable home purchasers will b...

ASIC must overhaul responsible lending guidance to protect Australians

Consumer Action Law Centre (Consumer Action) has called on the Australian Securities and Investment Commission (ASIC) to urgently overhaul responsible lending guidance to better protect Australians fr...

Proposed AFCA arrangements for comparative reporting of complaint data

Comparative reporting of data related to complaints against financial service providers will empower consumers to make informed decisions about where to take their business. Consumer Action Law Centr...

The banking and finance sector needs to play by the rules and put their customers first

In the wake of the widespread misconduct illustrated at the Banking Royal Commission, all players within the banking and finance sector need to play by the rules and put their customers first regardle...

Enhanced regulatory framework would make industry codes enforceable if compliance required

Industry codes – often referred to as codes of conduct – can be useful when they genuinely improve standards in the relevant sector, provide meaningful rights for consumers and are complied with by in...

Submission on the Australian Financial Complaints Authority (AFCA) Rules Changes

Consumer Action Law Centre (Consumer Action) welcomes the opportunity to comment on the proposed changes to expand AFCA’s jurisdiction to deal with eligible complaints about conduct dating back to 1 J...

Ban on vendor term and rent-to-buy transactions to make buying a home fairer for all Victorians

Consumer Action Law Centre (Consumer Action) supports a ban on vendor term and rent-to-buy agreements in the housing market proposed by the Sale of Land Amendment Bill 2019, which is to be introduced...

The justice system could better respond to the needs of people affected by misconduct in the finance sector

Consumer Action Law Centre (Consumer Action) has recommended that financial service providers be required to improve their approach to dispute resolution in its comments to the Senate Legal and Consti...

Consumer issues must fall within mental health inquiry’s scope

Consumer Action has provided a submission to the Royal Commission into Mental Health Terms of Reference Consultation. We strongly support the Victorian Government’s announcement of this Royal Commi...

Increased consumer protections and removal of legal loopholes key Royal Commission recommendations

Increased consumer protections and removal of loopholes and exemptions are the key recommendations from the Hayne Royal Commission that will benefit everyday Australians says Consumer Action Law Centr...

2019-20 Pre-Budget Submission

Consumer Action has made a submission to The Australian Government Treasury’s 2019-20 Pre-Budget Submission process. We have focused this submission on two areas where budget action could make an imme...

Royal Commission into Misconduct in the Banking, Superannuation and Finance Sector – Submission on Module 6 on insurance

Consumer Action made a submission to the Financial Services Royal Commission in October 2018 on the policy questions arising from Module 6 on insurance. Consumer Action has assisted people who have...

Consumer Action and the Royal Commission

Consumer Action is not able to advise or represent members of the public for the purposes of the Royal Commission. However, the Royal Commission is now receiving public submissions directly...

Submission: PIP DADO Regulations

Consumer groups have commented on the exposure draft Corporations Amendment (Design and Distribution Obligations and Product Intervention Powers) Regulations 2018 (Cth) (the Regulations) and explanato...

Submission: Inquiry into credit and financial services targeted at Australians at risk of financial hardship

This Senate Inquiry is a crucial opportunity to close the regulatory loopholes exploited by fringe lenders and ‘debt help’ companies. These companies can entrench disadvantage for some of the most vul...

Royal Commission into Misconduct in the Banking, Superannuation and Finance Sector – Submission on the Interim Report – Rounds 1 to 4

Consumer Action Law Centre has published its submission to the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry responding to the Interim Report and poli...

Submission: Reforms to strengthen penalties for corporate and financial sector misconduct – Draft Legislation

This submission supports the proposed increases to maximum criminal and civil penalties across a number of provisions, the expansion in provisions subject to penalties, and the power to obtain disgorg...

Royal Commission into Misconduct in the Banking, Superannuation and Finance Sector – Submission on Round 6 Hearings (Case Studies)

Consumer Action Law Centre has published its submission to the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry following the Round 6 hearings on insuran...

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