As used in ORS 697.602 to 697.842: (1) “Consumer” means an individual who is obligated or is allegedly obligated to pay a debt and on whose behalf a debt management service provider performs or agrees to perform a debt management service. (2) “Debt management service” means an activity for which a person receives money or […]
(1) A person that has not registered with the Director of the Department of Consumer and Business Services under ORS 697.632 may not engage in business in this state in the course of which the person: (a) Performs a debt management service; or (b) Receives money or other valuable consideration or expects to receive money […]
(1)(a) The Director of the Department of Consumer and Business Services shall maintain a registry of debt management service providers and by rule in accordance with ORS chapter 183 shall require a person that performs a debt management service, unless the person is exempt under ORS 697.612 (3), to apply to the director to register […]
(1) An applicant for registration as a debt management service provider at the time of application shall file with the Director of the Department of Consumer and Business Services a bond issued by one or more corporate sureties authorized to do business in this state. The bond must: (a) Be in an amount that is: […]
(1) A debt management service provider may not perform a debt management service for a consumer without entering into a written agreement with the consumer that: (a) Lists the name and telephone number for the debt management service provider and the consumer and, to the extent the information is available, the facsimile number, electronic mail […]
A debt management service provider or a person required to obtain a registration as a debt management service provider under ORS 697.612 may not: (1) Make, or counsel or advise a consumer to make, a statement that is untrue or misleading or that the debt management service provider or the person in the exercise of […]
(1) A debt management service provider shall make, keep and maintain accounts, correspondence, memoranda, papers, books and other records that the Director of the Department of Consumer and Business Services by rule determines are necessary to ensure that the debt management service provider is complying with the provisions of ORS 697.602 to 697.842. (2) A […]
(1) A debt management service provider that holds a consumer’s funds, directly or indirectly, shall establish a trust account in this state with an insured institution, as defined in ORS 706.008, in which to keep the consumer funds that the debt management service provider holds. (2) The debt management service provider may establish a separate […]
(1) Subject to subsection (4) of this section, a debt management service provider may charge a consumer only the following fees: (a) An initial fee of not more than $50. (b) A fee reasonably calculated to recover the costs that the debt management service provider incurs in providing an initial counseling session or education class. […]
(1) A person commits the offense of interfering with records of a debt management service provider if, with respect to a record to which ORS 697.672 applies, the person intentionally: (a) Makes a false entry in the record; or (b) Mutilates, destroys or otherwise disposes of the record. (2) Subsection (1)(b) of this section does […]
(1) A debt management service provider may not charge or receive from a consumer a fee described in ORS 697.692 until after the debt management service provider makes the disclosures described in this section. (2) A debt management service provider shall give to every consumer for whom the debt management service provider offers to perform […]
(1) A debt management service provider or a person required to obtain a registration as a debt management service provider under ORS 697.612 is liable to a consumer who suffers an ascertainable loss of money or property, real or personal, in connection with the debt management service provider’s or person’s violation of a provision of […]
Funds in a trust account that a debt management service provider maintains under ORS 697.682 are not subject to execution or attachment on a claim against the debt management service provider. [1983 c.17 §14; 2009 c.604 §12]
(1) To enforce the provisions of ORS 697.612 and 697.642 to 697.702, the Director of the Department of Consumer and Business Services may: (a) Examine a debt management service provider or a person required to obtain a registration as a debt management service provider under ORS 697.612 and the debt management service provider’s or the […]
The Director of the Department of Consumer and Business Services may deny, suspend, condition, revoke or refuse to issue or renew a registration as a debt management service provider if the director determines that an applicant or debt management service provider: (1) Cannot meet financial obligations as the obligations mature, has liabilities that exceed assets […]
(1) If the Director of the Department of Consumer and Business Services determines that a person has engaged in, is engaging in or is about to engage in an act or practice that the director believes is in violation of ORS 697.612, 697.642 to 697.702 or 697.752, in addition to actions the director may take […]
The remedy provided for in ORS 697.718: (1) Is in addition to and not exclusive of other remedies provided by law. (2) Does not limit a person’s statutory or common-law right to bring an action in any court for an act of a debt management service provider, or the right of the state to punish […]
(1) The Director of the Department of Consumer and Business Services may, if the director has reason to believe that a person: (a) Violated, is violating or is about to violate ORS 697.612, 697.642 to 697.702 or 697.752, a rule adopted under ORS 697.632 or an order issued under ORS 697.652 or 697.732, issue an […]
(1) In addition to any other liability or penalty provided by law, the Director of the Department of Consumer and Business Services may impose a civil penalty on a person in an amount not to exceed $5,000 for each violation of ORS 697.612 or 697.642 to 697.702, rules adopted under ORS 697.632 or order issued […]
The Director of the Department of Consumer and Business Services may adopt, amend and repeal rules that are necessary to carry out the provisions of ORS 697.602 to 697.842. [2009 c.604 §21]
