If the director finds any discrepancy in the trust accounts, the director also may audit the operating account of the collection agency. (4) Actions of the director under this section are subject to the provisions of ORS chapter 183. (c) Threaten the seizure, attachment or sale of a debtor’s property when such action can only be taken pursuant to court order without disclosing that prior court proceedings are required. (2) An employee of a debt consolidating agency is not required to register with the director under subsection (1) of this section if the debt consolidating agency is registered under ORS 697.632. [2007 c.358 §10]
The parties involved in the claim shall have the right to appear and be heard at the hearing. The listing must disclose the creditor’s name and address and the approximate total of all such debts. (1) A debt consolidating agency commits an improper debt consolidating practice when the debt consolidating agency does any of the following: (a) Takes a contract, promise to pay or other instrument that has any blank spaces when it is signed by a client. [1983 c.17 §16; 1989 c.209 §3; 2005 c.338 §18] (c) ORS 183.413 to 183.470 apply to an order issued under this section.
See Preface to Oregon Revised Statutes for further explanation.
(2) The authority conferred by this section is in addition to and not in lieu of any other authority conferred on the director.
(i) Communicate with the debtor orally without disclosing to the debtor within 30 seconds the name of the individual making the contact and the true purpose thereof. The bond or an irrevocable letter of credit shall be executed to the State of Oregon and for the use of the state and of any person who may have a cause of action against the obligor of the bond or an irrevocable letter of credit under ORS 697.005 to 697.095.
Please wait 30 minutes and try again or click “Forgot Password" (2) Any person who is served with a subpoena or is subject to an order to give testimony orally or in writing or to produce books, papers, correspondence, memoranda, agreements or other documents or records under this section may apply to any circuit court in Oregon for protection against abuse or hardship in the manner provided in ORCP 36 C. (3) Except to the extent judicial relief is granted under subsection (2) of this section, if any person disobeys a subpoena issued under subsection (1) of this section, or if any witness refuses to testify or produce evidence before the director on any matter on which the witness may be lawfully interrogated, the circuit court of any county, upon application of the director, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from that court or a refusal to testify in that court. (b) The name and address of the collection agency. Note: 646.649 and 646.651 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 646 or any series therein by legislative action. (4) “Client” or “customer” means any person authorizing or employing a collection agency to collect a claim. (e) There has been any lapse in or any reduction of the amount of any bond filed under ORS 697.642.
(4) Consumer finance companies licensed under ORS chapter 725. A hearing under this section is subject to ORS chapter 183.
(3) In any suit brought under ORS 646.632, if the court finds that a person is willfully using or has willfully used a method, act or practice declared unlawful by ORS 646.607 or 646.608, the prosecuting attorney, upon petition to the court, may recover, on behalf of the state, a civil penalty to be set by the court of not exceeding $25,000 per violation. A registration certificate or a certification of registration by the Director of the Department of Consumer and Business Services for any designated time period shall be received by the court as prima facie evidence of the collection agency’s registration for the time period designated. (8) If a collection agency does not pay the cost of the audit determined under subsection (7) of this section, the director may assign the delinquent account to the Department of Revenue for collection in the manner that other debts are collected under ORS 293.250. (1) After an applicant has submitted a complete application, the Director of the Department of Consumer and Business Services shall review the application and may investigate the applicant’s financial condition and responsibility, financial and business experience, character and general fitness to conduct a check-cashing business. (c) “Clearly and conspicuously” means the message is conveyed in a manner that is reasonably apparent to the audience to whom it is directed. (d) Notwithstanding paragraph (c) of this subsection, may charge a fee to cover the expenses for education classes if: (A) The classes are approved by the Director of the Department of Consumer and Business Services, or the classes are required by rule or order of a federal or state agency and the debt consolidating agency is certified by the federal or state agency to provide the education; and (B) A request to charge the fee has been approved in writing by the director.
(b) Takes a negotiable instrument, other than a check or draft, as payment or security for the charges of the debt consolidating agency. (a) Determine damages under this section in excess of the amount of the bond filed under ORS 697.642. (f) Communicate or threaten to communicate with a debtor’s employer concerning the nature or existence of the debt. A licensee may renew a license upon payment of a license fee in an amount the director prescribes by rule. The provisions of Oregon’s Unlawful Trade Practices Act (UTPA) that prohibit using "unconscionable tactics" to collect certain debts and causing likely "confusion" or "misunderstanding" regarding loans and credit apply to the debt collection activities of an attorney and his law firm, the Oregon Supreme Court has ruled. [2007 c.358 §12] (f) “Debtor” means a consumer who owes or allegedly owes an obligation arising out of a consumer transaction. (3) In any action brought by a person under this section, the court may award, in addition to the relief provided, reasonable attorney fees at trial and on appeal and costs.