The Australian Competition and Consumer Commission (ACCC) and the Australian Securities and Investments Commission (ASIC) have jointly published an updated version of Debt collection guideline: for collectors and creditors which deals with Commonwealth consumer protection laws (ASIC Regulatory Guide 96).

The revised guideline provides practical guidance about:

• when it is appropriate to contact a debtor, including what constitutes contact and reasonable contact hours, methods or frequency of contact
• new communication technologies developed since the initial publication, including the use of social media platforms and auto dialers, and the potential pitfalls to avoid in using such technologies.

The publication has been updated to reflect significant changes to the law, such as the introduction of the Australian Consumer Law in 2011, the National Consumer Credit Protection Act 2009, and the Privacy Amendment Act and Australian Privacy Principles in 2014. It also refers to recent court decisions such as ASIC v Accounts Control Management Services Pty Ltd [2012] FCA 1164 and ACCC v Excite Mobile Pty Ltd [2013] FCA 350.