As used in ORS 697.005 to 697.095: (1)(a) “Collection agency” means: (A) A person that engages directly or indirectly in soliciting a claim for collection, or collecting or attempting to collect a claim that is owed, due or asserted to be owed or due to another person or to a public body at the time […]
A person shall not operate as a collection agency in this state unless the person registers with the Department of Consumer and Business Services under ORS 697.031 and maintains the registration in accordance with that section. [1981 c.85 §3; 1995 c.622 §2]
(1)(a) The Director of the Department of Consumer and Business Services shall establish by rule a program for registering persons that operate as collection agencies that must register with the Department of Consumer and Business Services under ORS 697.015. The department shall require applicants for registration to file and registrants to maintain with the department […]
(1) The Director of the Department of Consumer and Business Services may refuse to issue or renew or may revoke or suspend any registration under ORS 697.031 if the director determines that: (a) Any information a person files with the director under ORS 697.031 is false or untruthful; (b) A person has violated any of […]
(1) A registered collection agency has a property right in any claim or account assigned to the agency in writing for collection. Except as may be otherwise provided in writing between the assignor of the claim or account and the registered collection agency, the registered collection agency as assignee of the claim or account, in […]
The provisions of ORS 697.015 and 697.031 are exclusive and no political subdivision or agency of this state may require of a collection agency any registration, license or fee for any collection agency duly registered under ORS 697.015 and 697.031. Nothing in this section limits the authority of any political subdivision to levy and collect […]
(1) Except as provided in subsection (9) of this section, every collection agency shall keep a record of all sums collected by it, and of all disbursements made by it, and shall maintain and keep all such records and all customers’ funds within this state. Collection agencies shall maintain accounting records of collections for and […]
(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. The director shall inventory all the business records and all bank […]
The Director of the Department of Consumer and Business Services may adopt rules for the administration and enforcement of ORS 697.005 to 697.095, 697.105 and 697.115. [1983 c.69 §5; 2005 c.338 §12]
(1) The Director of the Department of Consumer and Business Services shall adopt rules that regulate the practices of a collection agency that enters into an agreement with an obligee to collect child support payments as provided in ORS 25.020. (2) The rules adopted by the director under this section shall be as consistent as […]
(1) Any person injured as a result of the violation of any provision of ORS 697.015 or 697.058 or any rule adopted under ORS 697.031 or 697.085 may bring an action in an appropriate court to enjoin the practice or to recover actual damages or $200, whichever is greater. The court or the jury may […]
(1) A person who violates any provision of ORS 697.015 or 697.058 or any rule adopted under ORS 697.031 or 697.085 shall not charge or receive any fee or compensation on any moneys received or collected while in violation of any provision of ORS 697.015 or 697.058 or any rule adopted under ORS 697.031 or […]
(1) The Director of the Department of Consumer and Business Services may: (a) Undertake the investigations, including investigations outside this state, that the director considers necessary to determine whether a person has: (A) Violated, is violating or is about to violate: (i) ORS 697.015, 697.031, 697.045, 697.058, 697.091, 697.105 or 697.115; (ii) A rule adopted […]
(1) The Director of the Department of Consumer and Business Services shall serve an order under ORS 697.093 on the person named in the order. (2) An order issued under ORS 697.093 becomes effective upon service on the person named in the order. (3) ORS 183.413 to 183.470 apply to an order issued under ORS […]
(1) In addition to any other penalty provided by law, a person who violates any provision of ORS 697.015 or 697.058 or any rule adopted under ORS 697.031, 697.085 or 697.086 is subject to forfeiture and payment of a civil penalty to the Department of Consumer and Business Services in an amount of not more […]
(1) Except as provided in ORS 1.202 and 293.231, if a public body, as defined in ORS 174.109, uses a private collection agency to collect a debt owed to the public body, the public body may add a reasonable fee to the amount of the debt, payable by the debtor, to compensate the public body, […]
(1) A public agency or public official may not: (a) Allow a person or entity in the practice of collecting debt, including restitution, to use the seal or letterhead of the public agency or public official; or (b) Receive or collect a fee from a person or entity in the practice of collecting debt, including […]
(1) As used in this section, “commercial debt” means any obligation for payment of money or thing of value arising out of an agreement or contract, express or implied, in which the transaction that is the subject of the agreement or contract is not primarily for personal, family or household purposes. (2) A person using […]
[Renumbered as part of 697.992]
