Regulation 16
Prohibited debt collection activities
of Debt Collection (General) Regulations 2023
Subregulation 1
A debt collector must not, in the course of collecting or attempting to collect any debt, by any means —
use any threatening words or behaviour towards the debtor of the debt or another person (called in this regulation the victim); or
make any threatening communication to the victim, whereby the victim is likely to believe that unlawful violence will be used by the debt collector or another person against the victim.
Subregulation 2
A debt collector must not, in the course of collecting or attempting to collect any debt, display any sign, writing or other visible representation that contains any threat of unlawful violence to the victim.
Subregulation 3
A debt collector who contravenes paragraph (1) or (2) shall be guilty of an offence.Illustrations (a) X is a debt collector and in the course of collecting a debt from Y, X brandishes his or her fist towards Y or Y’s family members and shouts at Y or Y’s family members threatening to beat them up unless Y repays the debt. X has contravened paragraph (1). (b) X is a debt collector and in the course of collecting a debt from Y, X sends any message to Y’s mobile telephone number via short message service or any other mobile application threatening to cause physical harm to Y unless Y repays the debt. X has contravened paragraph (1).