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Debt Collector Freed: Technicality Saves Panthera Finance
25 Nov
Summary
- Criminal charges against Panthera Finance were dismissed due to a legal technicality.
- The court found Panthera was not technically collecting debt for another party.
- Consumer Affairs Victoria must pay the legal costs for the dismissed case.
Charges against Panthera Finance, a significant Australian debt collection firm, have been dismissed by a Melbourne magistrate. The company successfully argued that it was not technically engaged in debt collection as defined by law, as it had acquired the debts it was collecting, rather than collecting them for another entity. This legal interpretation led to the dismissal of criminal proceedings brought by Consumer Affairs Victoria.
The regulator had initiated the proceedings after a 2020 federal court decision fined Panthera $500,000 for harassing consumers. Consumer Affairs Victoria contended that this ruling made Panthera a "prohibited person" under state debt collection laws. However, Panthera's defense highlighted that the legal definition of a debt collector requires collecting debts "owed to another person," a condition they argued was not met.
Magistrate Michelle Hodgson agreed with Panthera's technical defense, stating she could only apply the definition provided in the act. Consequently, the charges were dismissed, and Consumer Affairs Victoria was ordered to pay the legal costs. The company's CEO welcomed the decision, emphasizing a commitment to improving industry perceptions and supporting vulnerable customers.
