oregon unlawful debt collection practices act

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oregon unlawful debt collection practices actgrocery gateway promo code july 2020

(2) An application for a license to conduct a check-cashing business must contain all of the following: (a) The applicant’s name, together with any fictitious name, assumed business name or trade name the applicant uses in conducting the applicant’s business; (b) The name and address of all of the applicant’s members, partners, officers, directors or principals, as appropriate; (c) The name and address of the applicant’s agent for the service of process, notice or demand, or a power of attorney that the applicant has executed and by which the applicant appoints the Director of the Department of Consumer and Business Services as the applicant’s agent for service of process, notice or demand; (d) The applicant’s principal business address, the location of the applicant’s business records and the addresses for all locations where the applicant conducts or proposes to conduct a check-cashing business; and (e) Other information that the director may require concerning the applicant’s financial responsibility, background experience and business activities and those of the applicant’s members, partners, officers, directors and principals. (c) Require a person to file a statement in writing, under oath or otherwise, concerning the matter being investigated. Collection agencies shall maintain accounting records of collections for and payments to customers for a period of six years from the date of the last entry thereon. (d) Any person required to register to engage in the business of debt consolidating has been convicted of a felony or a misdemeanor, an essential element of which is fraud. (B) Telephone a debtor’s place of employment without informing any other person of the nature of the call or identifying the caller as a debt collector but only if the debt collector in good faith has made an unsuccessful attempt to telephone the debtor at the debtor’s residence during the day or during the evening between the hours of 6 p.m. and 9 p.m.

(d) Use profane, obscene or abusive language in communicating with a debtor or the debtor’s family. (1) “Check-cashing business” means any person that conducts a business that for a fee, service charge or other consideration provides money, credit or any other thing of value in exchange for payment instruments. This email address is not registered. (4) A debt consolidating agency which improperly makes a contract or agreement with a client is subject to ORS 697.752, 697.762, 697.832 and 697.990 (3). (3) It shall be an unlawful collection practice for a debt collector, by use of any direct or indirect action, conduct or practice, to enforce or attempt to enforce an obligation made void and unenforceable by the provisions of ORS 759.720 (3) to (5). [1983 c.17 §13] (1) Claims shall be satisfied from the bond filed under ORS 697.642 in the order the claims are filed with the Director of the Department of Consumer and Business Services. For the purposes of this subparagraph, any language in any instrument creating the debt which purports to authorize telephone calls at the debtor’s place of employment shall not be considered as giving permission to the debt collector to call the debtor at the debtor’s place of employment. (d) Takes a confession of judgment or a power of attorney to confess judgment against the client or to appear for the client in a judicial proceeding. (f) A provision allowing the client to examine the client’s account in the office of the debt consolidating agency during office hours.
A fee, service charge or other consideration is excessive if the total amount charged is more than the following amounts: (a) For a payment instrument issued by the federal government or an agency of the federal government, by this state or an agency of this state or by the government of the municipality in which a person is cashing the payment instrument: (A) $5 or two percent of the face value of the payment instrument, whichever is greater, if the person cashing the payment instrument provides valid and current government-issued photo identification; or (B) $5 or 2-1/2 percent of the face value of the payment instrument, whichever is greater, if the person cashing the payment instrument does not provide valid and current government-issued photo identification. The director shall determine and pay the amount of the judgment recoverable under the bond, subject to ORS 697.812.

(4) No collection agency is entitled to bring or maintain an action involving the collection of a claim or account on behalf of its customers in any courts of this state without alleging and proving that it is duly registered under ORS 697.015 and 697.031. (e) The licensee has not paid a fee required under ORS 697.512 or examination costs under ORS 697.528.
If a single account is kept for all clients, the debt consolidating agency shall keep a separate ledger or other record on receipts and disbursements for each client. In requiring filings under this subsection, the director shall attempt to minimize burdens the filings might place on persons required to file. [1995 c.622 §6; 2003 c.576 §218] (d) Takes a confession of judgment or a power of attorney to confess judgment against the client or to appear for the client in a judicial proceeding. [2007 c.358 §7] (1) When the Director of the Department of Consumer and Business Services revokes a registration, the director may take possession of all business records and all bank accounts of the registrant and retain possession of them pending the further proceedings specified in this section.

(d) “Credit” means the right granted by a creditor to a consumer to defer payment of a debt, to incur a debt and defer its payment, or to purchase or acquire property or services and defer payment therefor. [1983 c.17 §13] (4) Actions brought under this section shall be commenced within one year from the date the violation occurs. (3) The seller of cable service shall conspicuously disclose on each statement or invoice the terms under which a late fee may be assessed, including the amount of the fee.

(3) Except as provided in subsection (4) of this section, the court may award reasonable attorney fees to the prevailing party in an action on a claim removed from the director under this section.

By Kelly D. Jones, portlandconsumerlawyer.com. (7) Is a beneficiary that violates ORS 86.726 (Resolution conference for foreclosure) (1)(a) or (2), 86.729 (Scheduling and notice for resolution conference) (4) or 86.732 …

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