Public information
FAQ
Plain-English answers about ACDBA, collection agencies, debt purchasers, privacy, disputes, and conduct expectations.
About ACDBA
What is ACDBA?
The Australian Collectors & Debt Buyers Association is an industry association for Australian businesses involved in debt collection, debt purchase, and related services.
ACDBA is not a debt collector, credit provider, regulator, or dispute resolution scheme. It represents members on policy, standards, industry data, and public information.
Does ACDBA manage individual debts or complaints?
No. ACDBA cannot access account records, verify a debt, change a repayment arrangement, or resolve an individual dispute.
If your enquiry is about a specific debt, contact the collector, creditor, or debt purchaser named in the correspondence. If you remain dissatisfied, ask whether the business belongs to an external dispute resolution scheme.
Industry basics
What is the difference between a collection agency and a debt purchaser?
A contingent collection agency generally collects a debt on behalf of the original creditor and is paid for that service. The original creditor usually continues to own the account.
A debt purchaser acquires receivables from a creditor and then manages those accounts as the assignee. The commercial and regulatory settings can differ depending on the account type and the laws that apply.
Can a debt purchaser buy a single overdue account?
Usually not. Debt purchase transactions commonly involve portfolios or tranches of accounts sold by creditors such as banks, financiers, telecommunications providers, utilities, or other large organisations.
A creditor with a single outstanding account is generally more likely to seek help from a contingent collection agency or obtain independent legal advice.
Consumer information
What should I do if I am contacted about a debt?
- Do not ignore correspondence, especially court documents or formal notices.
- Ask for enough information to identify the debt if you do not recognise it.
- Keep copies of letters, emails, payment arrangements, and proof of payment.
- If you make an arrangement, ask for it in writing.
- If you are experiencing hardship, tell the creditor or collector as early as possible.
What conduct is prohibited in debt collection?
Commonwealth consumer protection laws prohibit conduct such as physical force, undue harassment, coercion, misleading conduct, and unconscionable conduct in debt collection activity.
The ACCC debt collection rules and the joint ACCC/ASIC debt collection guideline explain those expectations for creditors, collectors, and consumers.
Where can a consumer take a dispute?
Start with the business that contacted you and use its internal dispute process. If the dispute is not resolved, the right external pathway depends on the product or service involved.
The ACCC notes that debt collection disputes about loans, credit cards, and other financial services can be taken to the Australian Financial Complaints Authority where AFCA has jurisdiction. Other sectors may involve energy, water, telecommunications, fair trading, or consumer affairs bodies.
Regulation and privacy
What privacy obligations apply?
Organisations handling personal information must comply with applicable privacy obligations, including protecting personal information and dealing carefully with third-party information.
The Office of the Australian Information Commissioner publishes guidance about privacy and credit reporting rights.
Can an overdue payment be listed on a credit report?
Credit reporting is governed by detailed legal requirements. The OAIC explains that a consumer credit default can only be listed when specific conditions are met, including overdue-period, amount, and notice requirements.
For current consumer guidance, see the OAIC page on repayment history and defaults.
Do collectors need licences or formal qualifications?
Requirements vary by activity, role, state or territory, and whether credit laws apply. Some collection activity is affected by state licensing rules, while debt buyers dealing with National Credit Code debts may need to hold an Australian Credit Licence.
Businesses should check the rules that apply to their own operations and obtain professional advice where needed.
What laws and guidance shape debt collection?
Debt collection can involve Commonwealth consumer protection law, the ASIC Act, privacy law, credit regulation, state and territory licensing rules, client contracts, and external dispute resolution requirements.
The joint ACCC/ASIC guideline is a useful public starting point because it explains how the regulators view debt collection conduct under the consumer protection framework.
This page provides general information only. It is not legal, financial, or consumer credit advice. For an individual matter, contact the business involved, a regulator, an external dispute resolution scheme, or an independent adviser.