Australian Competition and Consumer Commission v Panthera Finance Pty Ltd [2020] FCA 340

Australian Competition and Consumer Commission v Panthera Finance Pty Ltd [2020] FCA 340

Panthera Finance Pty Ltd contravened ss 50(1) and 29(1)(m) of the Australian Consumer Law through undue harassment of three consumers and making a false or misleading representation to another when the debts were not in fact owed. The agreed penalties and orders, including a compliance program and suppression orders for consumer witnesses, are appropriate and necessary to promote deterrence, support proper administration of justice, and protect the interests of consumers and the public.

Jurisdiction
Australia
Judgment Date
12 March 2020
Procedural Posture
Civil Penalty Proceeding / Judgment After Admissions and Agreed Facts; Penalty Determination
Outcome
Declarations made; penalties and orders imposed as agreed.
Legal Topics
['australian Consumer Law' 'undue Harassment' 'false or Misleading Representations' 'privacy and Confidentiality Orders' 'debt Collection Practices' 'pecuniary Penalties']
['consumer Law' 'human Rights Law'] ['australian Consumer Law' 'undue Harassment' 'false or Misleading Representations' 'privacy and Confidentiality Orders' 'debt Collection Practices' 'pecuniary Penalties']

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Procedural Posture

Civil Penalty Proceeding / Judgment After Admissions and Agreed Facts; Penalty Determination

Legal Issues

  1. 1 ['Whether Panthera Finance Pty Ltd contravened s 50(1) of the ACL by using undue harassment in debt collection.' 'Whether Panthera Finance Pty Ltd made a false or misleading representation in contravention of s 29(1)(m) of the ACL.' 'Appropriateness of agreed pecuniary penalties and other relief.' 'Whether suppression orders regarding witness identities and confidential information should be made.']

Ratio Decidendi

Panthera Finance Pty Ltd contravened ss 50(1) and 29(1)(m) of the Australian Consumer Law through undue harassment of three consumers and making a false or misleading representation to another when the debts were not in fact owed. The agreed penalties and orders, including a compliance program and suppression orders for consumer witnesses, are appropriate and necessary to promote deterrence, support proper administration of justice, and protect the interests of consumers and the public.

Court Disposition

Declarations made; penalties and orders imposed as agreed.

Orders

  • ['Suppression of confidential consumer information and use of pseudonyms for named witnesses for five years.' 'Panthera to pay pecuniary penalties totalling $500,000 to the Commonwealth within 30 days ($125,000 per contravention).' 'Panthera to continue a compliance program for three years focused on ACL ss 29 and...