Public Consultation On Debt Collection Bill

August 13, 2018 | 7 Comments

The Ministry of Home Affairs has launched a public consultation on the proposed Debt Collection Bill 2018, which aims to “eliminate abusive practices through the creation of a regulatory framework under which creditors and debt collectors may conduct business.’

A Ministry spokesperson said, “The Ministry of Home Affairs has launched a public consultation on the proposed implementation of the Debt Collection Bill 2018 — the initiative announced in the Speech from the Throne in September 2017.

“The proposed Bill provides a comprehensive licensing regulatory framework for those entities engaging in Debt Collection under the newly created Debt Collection Licensing Authority.

“The introduction of this Bill provides oversight by a Licensing Authority. The aim is to eliminate abusive practices through the creation of a regulatory framework under which creditors and debt collectors may conduct business.

“The purpose of the consultation is to allow stakeholders and the general public to provide input regarding the proposed Bill.

“The Consultation Process:

  1. Written submissions must be received by September 14th, 2018.
  2. Your submission must include the following:-
  • Your Name
  • Your Organization or Company
  • Your Email or Phone Number in order to confirm receipt and for clarification purposes pertaining to your submission
  1. Your submission should state clearly your point and the reason for making that point
  2. Your submission should not be sent to the Minister
  3. Your submission should be addressed to Karen Marshall, Executive Director, Consumer Affairs
  4. Your submissions can be submitted one of three ways:
  • Via e-mail to consumers@gov.bm
  • Via post to Consumer Affairs, D Rego Building, 75 Reid Street Hamilton HM12
  • Hand delivery to Consumer Affairs, 3rd Floor, D. Rego Building, 75 Reid Street, Hamilton HM 12.

“All views and responses will be considered in the public consultation process and will be made available to the public. There will be no private consultations. In the interest of transparency, anonymous submissions will not be accepted or considered.”

A copy of the proposed bill follows below [PDF here]:

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Comments (7)

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  1. Joe Bloggs says:

    This should be called “A Bill to put debt collection businesses out of business”. The Bill seeks to make certain behaviour unlawful, but most of that behaviour is already unlawful. The Bill also seeks to impose significant administrative costs on small businesses that cannot afford that cost.

    The bottom line is that this Bill will drive small debt collection agencies out of business and people who are owed money will either have to collect the debt themselves or hire a lawyer or go without the money owed.

    • Question says:

      Simple answer. Don’t lend money. Another law which will impact mainly poorer people.

    • watching says:

      Not true at all.
      This is being done as there are many who are being exploited by inflated interest rates on outstanding debts, and while everyone agrees that everyone should pay their bills, there should be reasonable rates applied to outstanding debts. Those in debt should not have to pay such exorbitant interest that they can never get their heads back above water.

      • Joe Bloggs says:

        What “inflated interest rates” are you talking about? The statutory interest rate was slashed to 3.5% more than 1 year ago.

  2. Tammy says:

    As a debt collector of 19 years, I can tell you that the FDCPA already has strict laws which collectors are supposed to abide by. These laws talk about what consumers can do if they are feeling harassed by a debt collector or death agency. In addition these laws also are very strict on the guidelines that debt collectors must follow all the way down to the times they are allowed to call in a day. There are state laws that are even more strict that must be followed that take presidents above the FDCPA and there are hefty fine is that an individual collector can be required to pay in addition to the collection agency if these laws are broken.

    I believe that this bill is a waste of time and it’s just a matter of the public being better educated on what their rights are and how to use the FDCPA to their advantage along with knowing the laws in the state statutes so that sleazy collection agencies or nasty bill collectors will get what they deserve.

    • Think about it says:

      State statutes? We are in Bermuda jacka$$! No States here! Get a map!

  3. Mumbojumbo says:

    Our insurance should be free considering our population and domicile worldwide insurance .
    Also …no …that is all….

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