Australian Capital Territory Consolidated Acts

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FAIR TRADING ACT 1992 - SECT 26

Harassment and coercion

    (1)         A person must not use physical force or undue harassment or coercion in connection with the supply or possible supply of goods or services to a consumer or the payment for goods or services by a consumer.

    (2)         Without limiting subsection (1), the following conduct constitutes undue harassment or coercion:

        (a)     using documents resembling court documents or official documents to mislead a debtor in connection with a debt or the consequences of nonpayment;

        (b)     misrepresenting to a debtor the consequences of nonpayment of the debt or of debt recovery procedures;

        (c)     serving unissued summonses;

        (d)     impersonation of bailiffs or police;

        (e)     carrying a firearm or prohibited weapon;

        (f)     use by creditors of letterhead that is liable to mislead the recipient to believe that the creditor is an independent debt collector;

        (g)     use by creditors or debt collectors of letterhead that is liable to mislead the recipient to believe that the sender of the letter is a lawyer or the employee of a lawyer;

        (h)     unwarranted disclosure, or threat of disclosure, of debt information to third parties who do not have a clear and legitimate interest in the information;

              (i)     unreasonable communication with a debtor.

    (3)     In this section:

"firearm"—see the Firearms Act 1996 , section 4A.

"prohibited weapon—"see the Prohibited Weapons Act 1996 , section 4A.



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