What Is Harassment By A Debt Collector?
Harassment generally means contact or conduct that is excessive, threatening, misleading, or coercive, rather than reasonable, businesslike communication.
In this answer
- Explain conceptually what harassment can involve
- Distinguish firm but fair contact from harassment
- Help you recognise warning signs
- Outline what to do if you experience it
5 min
What harassment can involve
Australian debt-collection guidance discourages conduct that crosses from reasonable contact into undue harassment or coercion. In broad terms, this includes contact that is excessive in frequency, or that uses threats, intimidation, deception, or pressure designed to coerce someone into paying.
The focus is on the effect and the manner of the conduct. Reasonable, honest communication about a debt is acceptable; conduct intended to frighten, mislead, or wear a person down is not.
At Merion, fair and respectful conduct is fundamental. See the standards in our Trust Centre.
Firm but fair vs harassment
It is normal and acceptable for a collector to follow up, explain consequences accurately, and seek payment. That is different from harassment. The line is crossed when contact becomes excessive or the manner becomes threatening, misleading, or coercive.
Accurately explaining that a creditor may consider legal options, for instance, is not in itself a threat. Suggesting false consequences, or using abusive or intimidating language, is a different matter.
Recognising warning signs
Warning signs can include a barrage of calls in a short time with no new purpose, abusive or aggressive language, statements you suspect are untrue, or pressure to pay immediately without time to consider.
Trust your sense of how you are being treated. If contact leaves you feeling intimidated or misled rather than informed, it is worth pausing and considering whether the conduct is reasonable.
What to do if you experience it
Keep a brief record of what happened, including dates, times, and what was said. Raise your concern through the collector's complaints process, and consider an external avenue such as the ACCC, ASIC, or an ombudsman scheme.
This is general information only and not legal advice. If you are feeling distressed, the free National Debt Helpline on 1800 007 007 offers confidential support, and you can read how to make a complaint.
Key takeaways
- Harassment involves excessive, threatening, misleading, or coercive conduct
- Reasonable follow-up and accurate information are not harassment
- Watch for clustered calls, abusive language, or false consequences
- Keep a brief record of dates, times, and what was said
- Raise concerns through complaints and external avenues
Frequently asked questions
Is following up on a debt harassment?
No. Reasonable follow-up and accurate information are acceptable. Harassment involves excessive contact or threatening, misleading, or coercive conduct.
What are some warning signs?
Clustered calls with no new purpose, abusive language, statements you suspect are untrue, or pressure to pay without time to consider.
What should I do if I feel harassed?
Keep a brief record, complain to the collector, and consider an external avenue such as the ACCC, ASIC, or an ombudsman. This is general information, not legal advice.
Fair, professional, compliant — always
Merion handles every account on the facts, with respect, and within the rules. Questions? We're happy to help.