Wholly Australian-owned and managed, ACM Group leverages its wealth of experience to work with consumers on financial solutions to settle outstanding credit card, personal loan, overdraft, utilities and telecommunications accounts.
With more than 30 years’ service to blue-chip financial institutions and leading telecommunications providers, ACM Group’s highly-trained staff and ethical debt acquisition culture deliver pathways forward for our customers.
|CORRECTIVE NOTICE ORDERED BY THE FEDERAL COURT OF AUSTRALIA|
Following action by the Australian Competition and Consumer Commission, the Federal Court of Australia has declared that ACM Group Ltd (ACM) engaged in undue harassment and coercion and misleading or deceptive and unconscionable conduct in its dealings with two consumers in the course of its business of debt collection.
The Federal Court has ordered ACM to pay pecuniary penalties in the amount of $750,000, establish a compliance program and publish this notice.
Between 29 April 2011 and 12 June 2015, ACM made the following representations to one consumer:
(a) that ACM intended shortly to commence legal proceedings against a debtor to recover its debt it if was not paid within 48 hours, when it did not intend to do so; and
(b) that ACM intended shortly to commence legal proceedings against a debtor to recover its debt it if was not paid within 7 days, when it did not intend to do so.
On 3 September 2014, ACM made the following representations to one consumer:
(c) that ACM had commenced preparing the documents that would be used for potential legal action against a debtor, when at the time of making the representation on 3 September 2014 it had not;
(d) that ACM was planning for a summons to be drawn, issued and served upon a debtor soon to recover the debt in full, when it was not planning to do so and/or did not have reasonable grounds for saying that; and
(e) that if a default was listed upon a debtor’s credit file, the debtor would not be able to obtain credit for the next five to seven years, where ACM did not have reasonable grounds for saying that.
The Court found that these representations were misleading and deceptive. The Court also found that on 3 September 2014 ACM had engaged in coercion by making the representations at (c), (d) and (e) to one consumer.
In that same period, ACM sent repeated letters demanding payment and threatening legal proceedings to one consumer, who was suffering from a serious medical condition, was unable to pay, and had difficulty communicating. ACM also made repeated telephone calls to the care facility where the debtor resided, in an attempt to recover the debt. The Court found that ACM’s conduct towards this consumer constituted undue harassment. The Court found that ACM acted unconscionably by reason of its conduct towards the two consumers.
The Federal Court of Australia also permanently restrained ACM from making the misleading representations described above, from using undue harassment and coercion of debtors in the nature described above and from engaging in unconscionable conduct of the nature described above.
If you have been affected by this type of conduct, and you wish make a complaint to ACM, details of how to do so can be found here: https://www.acmgroup.com.au/complaints/