Section 646A.640 – Definitions.

As used in ORS 646A.640 to 646A.673: (1) “Applicant” means a person that applies for a license to engage in business as a debt buyer in this state. (2) “Controller” means: (a) A director, officer or general partner of a business entity; (b) A managing member of a limited liability company; (c) A person that […]

Section 646A.643 – License requirement to engage in debt buying; exemptions.

(1) Except as provided in subsection (2) of this section, a person may not engage in debt buying in this state unless the person obtains or renews a license under ORS 646A.646. (2)(a) A person need not obtain or renew a license under subsection (1) of this section if the person is: (A) A financial […]

Section 646A.646 – License application; requirements; application through Nationwide Multistate Licensing System; fee; insurance; license renewal; director’s investigation; license term; suspension or revocation; rules.

(1)(a) A person that is subject to the requirement to obtain or renew a license under ORS 646A.643 (1) shall submit an application to the Director of the Department of Consumer and Business Services in the manner the director specifies by rule. The director by rule shall specify the format and contents of the application […]

Section 646A.649 – Licensee’s principal place of business and registered agent; assumed business name; display of license; rules.

(1) A licensee shall designate and maintain a principal place of business at or from which the licensee engages in debt buying in this state and a registered agent in this state. (2)(a) If a licensee does not maintain a principal place of business in this state, the licensee shall nevertheless designate a registered agent […]

Section 646A.652 – Required notices.

(1)(a) A licensee shall notify the Director of the Department of Consumer and Business Services in writing at least 30 days before the licensee relocates or closes the licensee’s principal place of business in this state. (b) In a notice under paragraph (a) of this subsection the licensee shall list the new address to which […]

Section 646A.655 – Compliance with director’s standards; rules.

A licensee or a person that engages in debt buying shall comply with standards that the Director of the Department of Consumer and Business Services adopts by rule. The standards, at a minimum, must require the licensee or the person to: (1) Establish appropriate training programs that instruct employees or agents of the licensee or […]

Section 646A.658 – Prohibited practices.

A licensee or a person that engages in debt buying may not: (1) Perform any act, undertake any practice or employ any device, scheme or artifice in the course of the licensee’s or the person’s business that the Director of the Department of Consumer and Business Services defines by rule as dishonest, unethical or illegal […]

Section 646A.661 – Director’s supervisory authority; examinations and investigations; referral to Attorney General; costs of examination or investigation; consultation and cooperation with trade association and members of public.

(1) The Director of the Department of Consumer and Business Services has general supervisory authority and control over: (a) Any person that engages in debt buying in this state; and (b) Any person that had a license that the director withdrew, canceled, suspended, conditioned or revoked, if the person continues to engage in debt buying […]

Section 646A.664 – Enforcement actions; penalties.

(1) If after conducting an investigation, initiating or conducting a proceeding or taking an enforcement action under ORS 646A.661 the Director of the Department of Consumer and Business Services determines that a licensee or a person that engages in debt buying in this state has violated ORS 646.639 or ORS 646A.640 to 646A.673 and 646A.670, […]

Section 646A.667 – Preemption.

(1) Except as provided in subsection (2) of this section, the provisions of ORS 646A.640 to 646A.673 and 646A.670 preempt all charter and statutory authority of local governments in this state to require a debt buyer or a person that engages in debt buying to obtain a license, registration or other authority to engage in […]

Section 646A.670 – Legal action to collect debt; requirements for pleadings; judgments; attorney fees.

(1) A debt buyer that brings legal action to collect or brings legal action to attempt to collect purchased debt, or a debt collector that brings legal action on the debt buyer’s behalf, shall include in an initial pleading that begins the legal action: (a) The original creditor’s name, written as the original creditor used […]

Section 646A.673 – Rules.

The Director of the Department of Consumer and Business Services may adopt rules to implement the provisions of ORS 646.639 (4), 646A.640 to 646A.673 and 646A.670. [2017 c.625 §13]

Section 646A.677 – Requirement to screen for financial assistance before transferring medical debt for collection; permitted interest rate; unlawful collection practices.

(1) As used in this section: (a) “Debt collector” has the meaning given that term in ORS 646.639. (b) “Financial assistance” means the written financial assistance policy described in ORS 442.610. (c) “Hospital” has the meaning given that term in ORS 442.612. (d) “Hospital-affiliated clinic” has the meaning give that term in ORS 442.612. (e) […]