Case Citation:

T v Retailer [2007] PrivCmrA 22

Subject Heading:

Improper listing of a payment default on an individual's consumer credit information file.

Law:

Credit Reporting provisions in the Privacy Act 1988 (Cth) - section 18G

Facts:

The complainant purchased an item from a door-to-door salesperson. Within the ten day 'cooling off' period provided by the retailer, the complainant decided to return the item and left a voicemail message with the retailer informing them of their desire to return the goods.

The retailer denied receiving the voicemail message and stated that the first time the complainant made direct contact with them was outside the cooling off period. Believing the complainant to be in default over repayments for the item, the retailer requested a credit reporting agency to list a payment default on the complainant's consumer credit information file.

Issues:

According to section 18G of the Privacy Act, a credit provider or credit reporting agency in possession or control of a credit report, must take reasonable steps to ensure that personal information contained in the file or report is accurate, up-to-date, complete and not misleading.

Outcome:

The Privacy Commissioner exercised the powers of conciliation under section 27(1)(ab) of the Privacy Act to attempt to resolve the matter.

The complainant indicated that they would be satisfied with the payment default listing being removed from their consumer credit file. During the conciliation process, the retailer agreed that the complainant had returned the purchased item in its original condition, and agreed that the complainant's voicemail message was sufficient to have the item's return processed.

At the retailer's request, the payment default listing was removed from the complainant's consumer credit file. Satisfied that the matter had been adequately dealt with by the retailer, the Privacy Commissioner closed the matter under section 41(2)(a) of the Privacy Act.

OFFICE OF THE PRIVACY COMMISSIONER August 2007