Debt - Consumer Action Law Centre

Data reveals billion-dollar payday lending industry driving Australians into debt

Over 20 consumer advocacy bodies from around the country have released new data revealing that predatory payday lenders are profiting from vulnerable Australians and trapping them in debt, as they cal...

The Debt Trap: How payday lending is costing Australians

The Debt Trap: How payday lending is costing Australians projected that the gross amount of payday loans undertaken in Australia will reach a staggering 1.7 billion by the end of 2019. It also found t...

Financial product design and distribution obligations must be consumer centred and limit loopholes

The Design and Distribution Obligations (DADOS) require financial service providers to provide products that meet customer needs rather than focussing on securing the sale. In our joint submission on...

ASIC Enforcement Review

In our joint response to exposure draft legislation implementing certain aspects of the ASIC Enforcement Review Taskforce (ERT) Final Report, Consumer Action and Financial Rights Legal Centre (Financi...

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...

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...

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...

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...

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...

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...

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...

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...

Debt Agreement Reform – Proposed Legislative Instruments

The Consumer Action Law Centre, Financial Rights Legal Centre and Financial Counselling Australia provided a submission to the Attorney-General's Department on its Legislative Instruments Consultation...

Submission: Easy and Transparent Trading Consultation Paper

The Consumer Action Law Centre (Consumer Action) welcomes the opportunity to comment on the Easy and Transparent Trading Consultation Paper (the Consultation Paper). We have limited our comments to Se...

Joint submission: Attorney-General’s Department Review of Financial Hardship Arrangements

Consumer advocates consider that any additional information permitted to be shared or held as part of the credit reporting system is inherently a further privacy intrusion and must be justified to be...

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

Review into the Australian Taxation Office’s use of Garnishee Notices

We reject the legal status quo which enables garnishee orders issued prior to bankruptcy to continue to garnish the wages of bankrupted individuals post-bankruptcy. As we understand it, garnishee ord...

“Credit repair” business ordered to pay $1.7 million

The Federal Court has found that credit repair business, Malouf Group Enterprises Pty Ltd (Malouf Group), and its director Jordan Francis Malouf breached the Australian Consumer Law by making false an...

Oversight of the Australian Financial Complaints Authority: Update to ASIC Regulatory Guide 139

In Australia, everyone should be able to easily access a free, fair, fast and effective service to resolve complaints against financial firms. The establishment of the Australian Financial Complaints...

Consumer Groups Strongly Disagree with OAIC Credit Reporting Guidance

The Office of the Australian Information Commissioner (OAIC) has today published Guidance on its website about how lenders should treat Repayment History Information (RHI) for customers that are exper...

Submission: Debt Agreement Reform

Consumer advocates welcome the reform of the debt agreement regime in the Bankruptcy Amendment (Debt Agreement Reform) Bill 2018. Comprehensive reform is needed to curb the rampant mis-se...

Royal Commission into Misconduct in the Banking, Superannuation and Finance Sector – Consumer Action submission part 2

Consumer Action Law Centre has published part 2 of its submission to the Royal Commission into Misconduct in the Banking, Superannuation and Finance Sector today. The submission draws on the experienc...

Submission: Bankruptcy Amendment (Enterprise Incentives) Bill 2017

Financial Rights Legal Centre and Consumer Action Law Centre made a joint submission to the Senate Legal and Constitutional Affairs Legislation Committee's Inquiry into the Bankruptcy Amendment (Enter...

Royal Commission into Misconduct in the Banking, Superannuation and Finance Sector – Consumer Action submission part 1

Consumer Action Law Centre has published part 1 of its initial submission to the Royal Commission into Misconduct in the Banking, Superannuation and Finance Sector today. The submission draws on the e...

Joint submission: Establishment of the Australian Financial Complaints Authority

Seven consumer groups made a joint submission to Treasury's consultation on the Establishment of the Australian Financial Complaints Authority (AFCA). Consumer advocates are very supportive of the...

Treasury Laws Amendment (Putting Consumers First—Establishment of the Australian Financial Complaints Authority) Bill 2017

Consumer advocates are very supportive of the move to a one-stop shop external dispute resolution (EDR) scheme that implements the considered recommendations of the Review of the Financial System Exte...

Submission: Open Banking Review

Consumer Action Law Centre, Financial Rights Legal Centre and Financial Counselling Australia are pleased to make this submission in response to the Open Banking Review Issues Paper. We acknowledge t...

Submission: Inquiry into Competition in the Australian Financial System

The Consumer Action Law Centre (Consumer Action), Financial Counselling Australia (FCA) and the Financial Rights Legal Centre (Financial Rights) have welcomed the Productivity Commission’s review of c...

Submission: Credit card reform exposure draft legislation

The Consumer Action Law Centre is pleased to comment on the exposure draft Treasury Laws Amendment (2017 Measures No. 8) Bill 2017: Credit card reforms (the Bill) and National Consumer Credit Protecti...

Submission: APRA powers for non-ADI lenders

The Consumer Action Law Centre (Consumer Action) and CHOICE have made a joint submission on the draft Treasury Laws Amendment (Non-ADI Lender Rules) Bill 2017 (the draft Bill). We support the proposa...

Design, scope, cost-benefit analysis, contracts awarded and implementation associated with the Better Management of the Social Welfare System initiative

The Consumer Action Law Centre (Consumer Action) is pleased to provide a submission to the Inquiry on the Design, scope, cost-benefit analysis, contracts awarded and implementation associated with the...

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