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ASIC has taken ACM group and its subsidary, Accounts Control Management Services, for alleged misleading and deceptive conduct as well as undue harassment.
According to documents filed in the Federal Court, ACM was advising debtors that in-house solicitors had recommended legal action be commenced, despite ACM not employing any in-house solicitors. In one instance it is alleged a man was told on the telephone that unless he paid his debt, it would not look good for his partners application for custody of her children. In another instance ACM allegedly contacted a debtors employer to obtain personal information under the pretence of a loan application being lodged with ACM.
ACM has launched a defence against the allegations, advising the court that collection officers had been counselled, retrained or left the company. However ACM group admitted that the practice of referring to lawyers being present at the company was included in ACM's staff training manual at the time of the complaints.