697.045 Status of accounts and claims assigned to agency; rights of assignor; appearance in small claims or justice court; registration as condition of access to courts

697.053 Registration exclusive regulation; local fees authorized

697.058 Agency records; business office; trust accounts; reporting requirements; audit of trust accounts; cost of audit; exemptions

697.063 Status of business records and bank accounts following revocation of registration; liquidation; expenses and attorney fees

697.085 Rules

697.086 Rules for collection of child support payments

697.087 Injunction; damages; attorney fees; limitation on actions

697.091 Fees or compensation received in violation of law; disposition

697.093 Enforcement

697.094 Orders issued under ORS 697.093

697.095 Civil penalties

697.105 Fee for collection of debt owed public body; notice to debtor; amount

697.115 Fee for collection of commercial debt; amount; limit

DEBT CONSOLIDATING AGENCIES

697.602 Definitions for ORS 697.602 to 697.842

697.612 Registration required to operate as debt consolidating agency

697.622 Exemptions from requirements under ORS 697.602 to 697.842

697.632 Registration procedure; certificates; fees; rules

697.642 Bond required

697.652 Content and effective date of debt consolidating contract or agreement; client’s copy

697.662 Prohibited practices

697.672 Record maintenance requirements

697.682 Management of client funds

697.692 Fees

697.702 Interference with records of debt consolidating agency

697.707 Disclosure of fees; effect

697.712 Agency cancellation of contract or agreement without client authorization

697.722 Execution or attachment of trust account funds

697.732 Audits; investigations; access; public disclosure requirements and exemptions

697.742 Investigatory powers; subpoenas

697.752 Grounds for denial, revocation or suspension of registration; conditions; procedures

697.762 Enjoining violations; attorney fees; damages

697.772 Judgment against agency; recovery under bond

697.782 Filing claim against agency with director; hearing; limitation on claims

697.792 Removing claim to court; attorney fees; notice; claim priorities

697.802 Effect of final determination by director

697.812 Priorities for satisfaction of claims from bond; limitation on filing claims

697.822 Remedy not exclusive

697.825 Enforcement; orders

697.832 Civil penalties

697.842 Disposition of moneys received by director

PENALTIES

697.990 Penalties

697.992 Jurisdiction of courts

COLLECTION AGENCIES

697.005 Definitions for ORS 697.005 to 697.095. As used in ORS 697.005 to 697.095:

(1)(a) “Collection agency” means:

(A) Any person directly or indirectly engaged in soliciting claims for collection, or collecting or attempting to collect claims owed, due or asserted to be owed or due to another person or to a public body;

(B) Any person who directly or indirectly furnishes, attempts to furnish, sells or offers to sell forms represented to be a collection system even though the forms direct the debtor to make payment to the creditor and even though the forms may be or are actually used by the creditor in the creditor’s own name;

(C) Any person who in attempting to collect or in collecting the person’s own claim uses a fictitious name or any name other than the person’s own that indicates to the debtor that a third person is collecting or attempting to collect the claim;

(D) Any person in the business of engaging in the solicitation of the right to repossess or in the repossession of collateral security due or asserted to be due to another person; or

(E) Any person who in the collection of claims from another person:

(i) Uses any name other than the name regularly used in the conduct of the business out of which the claim arose; and

(ii) Engages in any action or conduct that tends to convey the impression that a third party has been employed or engaged to collect the claim.

(b) “Collection agency” does not include:

(A) Any individual engaged in soliciting claims for collection, or collecting or attempting to collect claims on behalf of a registrant under ORS 697.005 to 697.095, if the individual is an employee of the registrant;

(B) Any individual collecting or attempting to collect claims for not more than three employers, if all collection efforts are carried on in the name of the employer and the individual is an employee of the employer;

(C) Any person who prepares or mails monthly or periodic statements of accounts due on behalf of another person if all payments are made to that other person and no other collection efforts are made by the person preparing the statements of accounts;

(D) Any attorney-at-law rendering services in the performance of the duties of an attorney-at-law;

(E) Any licensed certified public accountant or public accountant rendering services in the performance of the duties of a licensed certified public accountant or public accountant;

(F) Any bank, mutual savings bank, consumer finance company, trust company, savings and loan association, credit union or debt consolidation agency;

(G) Any real estate licensee or escrow agent licensed under the provisions of ORS chapter 696, as to any collection or billing activity involving a real estate transaction or collection escrow transaction of the licensee or escrow agent;

(H) Any individual regularly employed as a credit person or in a similar capacity by one person, firm or corporation that is not a collection agency as defined in this section;

(I) Any public officer or any person acting under order of any court;

(J) Any person acting as a property manager in collecting or billing for rent, fees, deposits or other sums due landlords of managed units;

(K) Any person while the person is providing billing services. A person is providing billing services for the purposes of this subparagraph if the person engages, directly or indirectly, in the business or pursuit of collection of claims for other persons, whether in the other person’s name or any other name, by any means that:

(i) Is an accounting procedure, preparation of mail billing or any other means intended to accelerate cash flow to the other person’s bank account or to any separate trust account; and

(ii) Does not include any personal contact or contact by telephone with the person from whom the claim is sought to be collected;

(L) Any person while the person is providing factoring services. A person is providing factoring services for the purposes of this subparagraph if the person engages, directly or indirectly, in the business or pursuit of:

(i) Lending or advancing money to commercial clients on the security of merchandise or accounts receivable and then enforcing collection actions or procedures on such accounts; or

(ii) Soliciting or collecting on accounts that have been purchased from commercial clients under an agreement whether or not the agreement:

(I) Allows recourse against the commercial client;

(II) Requires the commercial client to provide any form of guarantee of payment of the purchased account; or

(III) Requires the commercial client to establish or maintain a reserve account in any form;

(M) Any individual employed by another person who operates as a collection agency if the person does not operate as a collection agency independent of that employment;

(N) Any mortgage banker as defined in ORS 59.840;

(O) Any public utility, as defined in ORS 757.005, any telecommunications utility, as defined in ORS 759.005, any people’s utility district, as defined in ORS 261.010, and any cooperative corporation engaged in furnishing electric or communication service to consumers;

(P) Any public body or any individual collecting or attempting to collect claims owed, due or asserted to be owed or due to any public body, if the individual is an employee of the public body; or

(Q) Any person for whom the Director of the Department of Consumer and Business Services determines by order or by rule that the protection of the public health, safety and welfare does not require registration with the department as a collection agency.

(2) “Collection system” means a scheme intended or calculated to be used to collect claims sent, prepared or delivered by:

(a) A person who in collecting or attempting to collect the person’s own claim uses a fictitious name or any name other than the person’s own that indicates to the debtor that a third person is collecting or attempting to collect the claim; or

(b) A person directly or indirectly engaged in soliciting claims for collection, or collecting or attempting to collect claims owed or due or asserted to be owed or due another person.

(3) “Claim” means any obligation for the payment of money or thing of value arising out of any agreement or contract, express or implied.

(4) “Client” or “customer” means any person authorizing or employing a collection agency to collect a claim.

(5) “Debtor” means any person owing or alleged to owe a claim.

(6) “Debts incurred outside this state” means any action or proceeding that:

(a) Arises out of a promise, made anywhere to the plaintiff or a third party for the plaintiff’s benefit, by the defendant to perform services outside of this state or to pay for services to be performed outside of this state by the plaintiff;

(b) Arises out of services actually performed for the plaintiff by the defendant outside of this state or services actually performed for the defendant by the plaintiff outside of this state, if the performance outside of this state was authorized or ratified by the defendant;

(c) Arises out of a promise, made anywhere to the plaintiff or a third party for the plaintiff’s benefit, by the defendant to deliver or receive outside of this state or to send from outside of this state goods, documents of title or other things of value;

(d) Relates to goods, documents of title or other things of value sent from outside of this state by the defendant to the plaintiff or a third person on the plaintiff’s order or direction;

(e) Relates to goods, documents of title or other things of value actually received outside of this state by the plaintiff from the defendant or by the defendant from the plaintiff, without regard to where delivery to carrier occurred; or

(f) Where jurisdiction at the time the debt was incurred was outside of this state.

(7) “Department” means the Department of Consumer and Business Services.

(8) “Director” means the Director of the Department of Consumer and Business Services.

(9) “Out-of-state collection agency” means a collection agency located outside of this state whose activities within this state are limited to collecting debts incurred outside of this state from debtors located in this state. As used in this subsection, “collecting debts” means collecting by means of interstate communications, including telephone, mail or facsimile transmission from the collection agency location in another state on behalf of clients located outside of this state.

(10) “Person” includes an individual, firm, partnership, trust, joint venture, association, limited liability company or corporation.

(11) “Public body” means:

(a) The state and any branch, department, agency, board or commission of the state;

(b) Any city, county, district or other political subdivision or municipal or public corporation and any instrumentality thereof; and

(c) Any intergovernmental agency, department, council, joint board of control created under ORS 190.125 or other like entity, which is created under ORS 190.003 to 190.130 and which does not act under the direction and control of any single member government.

(12) “Registered” or “registrant” means any person registered under ORS 697.005 to 697.095 or registered or licensed as a collection agency under the laws of another state.

(13) “Statement of account” means a report setting forth amounts billed, invoices, credits allowed or aged balance due. [1981 c.85 §2; 1987 c.373 §43; 1993 c.744 §20; 1995 c.622 §1; 1999 c.468 §1; 2001 c.917 §5]

697.010 [Amended by 1959 c.525 §1; 1963 c.580 §58; 1975 c.364 §1; 1977 c.185 §4; repealed by 1981 c.85 §17]

697.015 Registration required to operate as collection agency. 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]

697.020 [Amended by 1953 c.519 §2; 1959 c.525 §2; 1963 c.558 §1; 1969 c.373 §5; 1973 c.547 §1; 1975 c.364 §2; repealed by 1977 c.185 §5 (697.021 enacted in lieu of 697.020)]

697.021 [1977 c.185 §6 (enacted in lieu of 697.020); repealed by 1981 c.85 §17]

697.025 [1977 c.185 §3; 1981 c.85 §4; 1991 c.86 §1; 1993 c.205 §1; 1993 c.508 §42; repealed by 1995 c.622 §15]

697.030 [Amended by 1959 c.525 §3; 1975 c.364 §3; 1977 c.185 §7; repealed by 1981 c.85 §17]

697.031 Registration procedure; bond or letter of credit; fees; procedures for out-of-state collection agencies; rules. (1) The Director of the Department of Consumer and Business Services shall establish by rule a program for registration of persons operating as collection agencies that are required to register with the Department of Consumer and Business Services under ORS 697.015. The program shall include a requirement that persons registering with the department file and maintain with the department current information the department requires by rule. The department may require any information necessary to carry out the program, including but not limited to the following:

(a) The name and address of the person operating as a collection agency.

(b) The name and address of the collection agency.

(d) Names of persons who perform the solicitation or collection of claims or who perform the solicitation of the right to repossess or the repossession of collateral security for the collection agency.

(e) Names of persons who are agents of the collection agency for purposes of service of legal process.

(2)(a) The director shall require any person who applies for registration as a collection agency, other than an out-of-state collection agency, to file with the director a bond or an irrevocable letter of credit in the sum of $10,000 executed by the applicant as obligor, together with one or more corporate sureties or financial institutions authorized to do business in this state. 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. The bond or an irrevocable letter of credit shall be conditioned that the obligor will faithfully conform to and abide by the provisions of ORS 697.005 to 697.095 and all rules lawfully made by the director under ORS 697.005 to 697.095, and will pay to the state and to any such person any and all moneys that may become due or owing to the state or to such person from the obligor under and by virtue of the provisions of ORS 697.005 to 697.095.

(b) If any person is aggrieved by the misconduct of a registrant required to file a bond or an irrevocable letter of credit under paragraph (a) of this subsection or by the registrant’s violation of any law or rule lawfully made by the director under ORS 697.005 to 697.095 and recovers judgment therefor, the person may, after the return unsatisfied either in whole or in part of any execution issued upon the judgment, maintain an action for the person’s own use upon the bond or irrevocable letter of credit of the registrant in any court having jurisdiction of the amount claimed.

(c) The bond or an irrevocable letter of credit required by this subsection shall be continuously maintained in the amount required by this subsection. The aggregate liability of the surety under the bond for claims against the bond shall not exceed the penal sum of the bond no matter how many years the bond is in force. No extension by continuation certificate, reinstatement, reissue or renewal of the bond shall increase the liability of the surety.

(3) The director may include any of the following in the program for registration established under this section:

(a) The director may require any filings with the department that the director determines to be necessary to maintain current the information required for registration. Filings required under this subsection may include renewal of registration at reasonable intervals, filings within a reasonable time after changes in a collection agency or other filings the director determines to be necessary. In requiring filings under this subsection, the director shall attempt to minimize burdens the filings might place on persons required to file.

(b) Except as provided in subsection (4) of this section, the director may establish and require persons filing with the department under this section to pay fees for any registration or filing made with the department. The director shall not establish fees for more than an amount necessary to cover the administrative costs of the filing or registration.

(c) The program may be established in any division of the department the director determines to be best able to administer the program.

(d) The director may issue, but may not require, certificates of registration or other indicia of registration that the director determines will be of assistance to persons operating as a collection agency in establishing that the persons are registered with the department.

(4) An out-of-state collection agency is exempt from the registration fee under this section if the out-of-state collection agency is registered in another state and that state does not require payment of an initial fee by a person who collects debts in that state only by means of interstate communications from the person’s location in another state.

(5) If an out-of-state collection agency is not exempt from payment of a registration fee under this section, the registration fee for the out-of-state collection agency shall be not less than the fee charged by the state in which the out-of-state collection agency is located to a person who collects debts in that state only by means of interstate communications from the person’s location in another state.

(6) If the director determines that the state where an out-of-state collection agency is located and registered, if required to be registered, exempts a collection agency located and registered in this state from registration requirements in that state, the director shall exempt out-of-state collection agencies located in that state from the registration requirements of ORS 697.005 to 697.095.

(7) The department shall maintain current records of the information required for registration under this section. [1981 c.85 §5; 1983 c.69 §1; 1991 c.627 §1; 1995 c.622 §3; 1997 c.249 §211]

697.035 [1959 c.525 §10; 1963 c.558 §2; 1971 c.119 §2; 1974 c.25 §2; 1975 c.364 §4; 1977 c.873 §20; repealed by 1981 c.85 §17]

697.038 [1971 c.119 §1; 1973 c.547 §2; 1974 c.25 §3; 1975 c.364 §5; repealed by 1981 c.85 §17]

697.039 Revocation, suspension or refusal to issue or renew registration. (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 the rules of the director for registration under ORS 697.031;

(d) A person has failed to maintain in effect the bond or an irrevocable letter of credit required under ORS 697.031;

(e) A person has died or become incapacitated;

(f) A person has engaged in dishonest, fraudulent or illegal practices or conduct in any business or profession; or

(g) A person has been convicted of a felony or misdemeanor, an essential element of which is fraud.

(2) A revocation or suspension under this section may be for a time certain or upon condition that certain acts be performed.

(3) If the director issued an initial order of revocation of a registration before the expiration of the registration, the director may enter a final order of revocation even though the registration has expired.

(4) Actions of the director under this section are subject to the provisions of ORS chapter 183. [1981 c.85 §6; 1991 c.627 §2; 1995 c.622 §4; 1999 c.413 §1; 2005 c.338 §11]

697.040 [Repealed by 1959 c.525 §36]

697.041 [1959 c.525 §11; 1963 c.558 §3; 1969 c.373 §6; 1973 c.547 §3; 1973 c.827 §79; 1974 c.36 §22; 1975 c.364 §6; repealed by 1981 c.85 §17]

697.045 Status of accounts and claims assigned to agency; rights of assignor; appearance in small claims or justice court; registration as condition of access to courts. (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 its own name, may:

(a) Collect the claim or account;

(b) Compromise or accept settlement of the claim or account;

(d) With prior written approval of the assignor, transfer or forward the claim or account to another collection agency for collection.

(2) Except as may be otherwise provided in writing between the assignor of the claim or account and the registered collection agency, the assignor may withdraw the claim or account from the agency at any time without condition or charge.

(3) Notwithstanding ORS 9.160 and 9.320, in any action in the small claims department of a circuit court or justice court a registered collection agency may appear as a party without appearance by attorney for the purpose of recovering the amount owing on a claim or account assigned to the agency in writing for collection. The provisions of this subsection apply to any supplementary proceeding in aid of execution after entry of a judgment in the small claims department.

(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. 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. [1981 c.85 §7; 2003 c.78 §1]

697.050 [Repealed by 1959 c.525 §36]

697.051 [1963 c.558 §17; 1977 c.185 §8; repealed by 1981 c.85 §17]

697.053 Registration exclusive regulation; local fees authorized. 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 a general and nondiscriminatory license or registration fee upon all businesses in the political subdivision or to levy a tax based upon the business conducted by any registered collection agency within the political subdivision. [1981 c.85 §8]

697.055 [1975 c.364 §37; 1977 c.185 §9; repealed by 1981 c.85 §17]

697.058 Agency records; business office; trust accounts; reporting requirements; audit of trust accounts; cost of audit; exemptions. (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 payments to customers for a period of six years from the date of the last entry thereon. Collection agencies shall keep other records for a period of two years from the date of the last entry thereon. Collection agencies, or any employee thereof, shall not intentionally make any false entry in any collection agency record or intentionally mutilate, destroy or otherwise dispose of any such record within the time limits provided in this section. This subsection does not apply to out-of-state collection agencies.

(2) Except as provided in subsection (9) of this section, every collection agency shall establish and maintain a regular, active business office in this state for the purpose of conducting business in this state. The office shall be open to the public during reasonable, stated business hours. This subsection does not apply to out-of-state collection agencies.

(3) A collection agency shall not commingle the money of customers with other moneys.

(4) Except as provided in subsection (9) of this section, a collection agency shall maintain a separate trust account in this state for customers’ funds and shall keep funds in such trust account until disbursed to the customer. This subsection does not apply to out-of-state collection agencies.

(5) Except as provided in subsection (9) of this section, every collection agency that requires customers to pay an amount for services prior to the time that the services are rendered shall maintain a separate trust account in this state for prepayments and shall keep prepayment funds in the trust account for 180 days or until the services for which prepayment is made are performed, whichever occurs first.

(6) Every collection agency, within 30 days after the close of each calendar or fiscal month, shall report and pay to its customers the net proceeds due and payable of all collections made during that calendar or fiscal month. When the net proceeds are less than $5 at the end of any calendar or fiscal month, payments may be deferred for a period not to exceed three months.

(7) Upon the motion of the Director of the Department of Consumer and Business Services or upon receipt of a complaint by a customer of the collection agency, the director may audit the collection agency’s trust accounts with respect to any violation by the collection agency of this section. If the director finds any discrepancy in the trust accounts, the director also may audit the operating account of the collection agency. The collection agency shall pay the reasonable cost of an audit under this section, as determined by the director.

(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.

(9) The director, by rule or order, may exempt a collection agency from the requirements of subsection (1), (2), (4) or (5) of this section if the collection agency:

(a) Satisfies the director that the books, records and trust accounts of the collection agency may be examined by the director without undue delay or expense;

(b) Provides for timely and convenient remittance of debtor payments and funds owed to the customer; and

(c) Complies with all conditions the director may require relating to additional bonding requirements and to provisions for auditing financial statements of trust accounts, receiving payments from and communicating with debtors, and remitting funds to customers. [1981 c.85 §9; 1983 c.69 §2; 1995 c.622 §9; 1999 c.413 §2; 1999 c.468 §2]

697.060 [Repealed by 1959 c.525 §36]

697.061 [1959 c.525 §5; 1963 c.558 §4; 1963 c.580 §59; 1973 c.547 §4; 1975 c.364 §7; repealed by 1981 c.85 §17]

697.063 Status of business records and bank accounts following revocation of registration; liquidation; expenses and attorney fees. (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 accounts of the registrant. The director shall file one copy of the inventory in the office of the director and one copy in the office of the clerk of the circuit court of the county in which the principal place of business of the registrant is located and shall mail one copy to each shareholder or partner of the registrant at the last-known address of the shareholder or partner. The clerk of the court shall file the inventory as a pending proceeding and give it a case number. The director by rule may delegate the director’s authority under this section relating to the inventory of business records and bank accounts of a registrant.

(2) If any person refuses to permit the director to take possession of business records and bank accounts under subsection (1) of this section, the director may apply to the circuit court of the county in which the principal place of business of the registrant is located for an order appointing a receiver, who may be the director, to take possession.

(3) The business records and bank accounts of the registrant shall be liquidated. If a receiver has not been appointed, the director shall apply for appointment by the court in which the inventory was filed. The liquidation shall proceed as provided by law for liquidation of a private corporation in receivership.

(4) The expenses of the receiver and attorney fees, as well as all expenditures required in the liquidation proceedings, shall be fixed by the director, subject to the approval of the court, and, upon certification by the director, shall be paid out of the funds in the hands of the director as such receiver. [1995 c.622 §6; 2003 c.576 §218]

697.070 [Amended by 1959 c.525 §6; 1961 c.686 §1; 1969 c.373 §7; 1971 c.119 §3; 1973 c.547 §5; 1974 c.25 §4; 1975 c.364 §8; 1977 c.873 §21; repealed by 1981 c.85 §17]

697.075 [1981 c.85 §16; 1991 c.249 §63; repealed by 1995 c.622 §15]

697.080 [Amended by 1959 c.525 §7; 1963 c.558 §5; 1969 c.373 §8; 1975 c.364 §9; repealed by 1981 c.85 §17]

697.085 Rules. 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]

697.086 Rules for collection of child support payments. (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 practicable with the provisions of 15 U.S.C. 1692c to 1692f. [2003 c.421 §4]

697.087 Injunction; damages; attorney fees; limitation on actions. (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 award punitive damages and the court may provide such equitable relief as it deems necessary or proper.

(2) Notwithstanding any other actions provided by law, the Attorney General of the State of Oregon or the prosecuting attorney of any county may bring an action in the name of the state against any person to restrain and prevent violation of any provision of ORS 697.005 to 697.095.

(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. If the defendant prevails, the court may award reasonable attorney fees at trial and on appeal and costs if it finds the action to be frivolous.

(4) Actions brought under this section shall be commenced within one year from the date the violation occurs. [1995 c.622 §7]

697.090 [Repealed by 1959 c.525 §36]

697.091 Fees or compensation received in violation of law; disposition. (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 697.085.

(2) A person shall not charge or receive any fee or compensation on any moneys received or collected while operating in accordance with any provision of ORS 697.015 or 697.058 or any rule adopted under ORS 697.031 or 697.085 but that is received or collected as a result of the person’s acts as a collection agency or out-of-state collection agency operating in violation of any provision of ORS 697.015 or 697.058 or any rule adopted under ORS 697.031 or 697.085.

(3) All moneys collected or received in violation of this section shall be immediately returned to the assignors, or their assigns, of the account on which the moneys were paid. [1995 c.622 §8]

697.093 Enforcement. (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 under ORS 697.031, 697.085 or 697.086; or

(iii) An order issued under this section;

(B) Filed information under ORS 697.031 that is false or untruthful; or

(b) Require a person to file a statement in writing, under oath or otherwise, concerning the matter being investigated.

(c) Take evidence from witnesses and compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, agreements or other documents or records that the director considers relevant or material to an investigation or proceeding.

(d) If the director has reason to believe that a person has:

(A) Violated, is violating or is about to violate ORS 697.015, 697.031, 697.045, 697.058, 697.091, 697.105 or 697.115 or a rule adopted under ORS 697.031, 697.085 or 697.086, issue an order to cease and desist from the violation.

(B) Filed information under ORS 697.031 that is false or untruthful, issue an order to correct the filing.

(C) Failed to maintain in effect the bond or an irrevocable letter of credit required under ORS 697.031, issue an order to remedy the failure.

(2) The authority conferred by this section is in addition to and not in lieu of any other authority conferred on the director. [2005 c.338 §9]

697.094 Orders issued under ORS 697.093. (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 697.093.

(4) Notwithstanding subsection (3) of this section, a person may not obtain a hearing on the order unless the person requests the hearing in writing within 20 days after service of the order.

(5) A person who does not request a contested case hearing may not obtain judicial review of the order.

(6) The director may vacate or modify an order issued under ORS 697.093. A modified order is effective upon service on the person named in the order. [2005 c.338 §10]

697.095 Civil penalties. (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 than $1,000 for each offense.

(2) Civil penalties under this section shall be imposed as provided in ORS 183.745.

(3) All penalties recovered shall be deposited in the Consumer and Business Services Fund created by ORS 705.145. [1983 c.69 §4; 1987 c.373 §44; 1991 c.734 §87; 2005 c.338 §13]

697.098 [1981 c.267 §2; repealed by 1987 c.373 §85]

697.100 [Amended by 1959 c.525 §8; 1969 c.373 §9; 1975 c.364 §10; repealed by 1981 c.85 §17]

697.105 Fee for collection of debt owed public body; notice to debtor; amount. (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, for the collection agency fee incurred or to be incurred.

(2) A fee may not be added under subsection (1) of this section unless the public body has provided notice to the debtor:

(a) Of the existence of the debt;

(b) That the debt may be assigned to a private collection agency for collection; and

(3) Except as provided by federal law, the public body may not add a fee under this section that exceeds the collection fee of the private collection agency. [2003 c.66 §1]

697.110 [Repealed by 1959 c.525 §36]

697.111 [1959 c.525 §12; 1961 c.686 §2; 1963 c.558 §15; 1974 c.25 §5; 1975 c.364 §11; repealed by 1981 c.85 §17]

697.115 Fee for collection of commercial debt; amount; limit. (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 a private collection agency to collect a commercial debt owed to the person may add a reasonable fee to the amount of the commercial debt, payable by the debtor, for the collection agency fee incurred or to be incurred. A person may not add a fee under this section that:

(a) Exceeds the collection fee of the private collection agency; or

(b) Was not authorized in the agreement or contract creating the commercial debt. [2003 c.66 §2]

697.120 [Amended by 1953 c.520 §5; 1961 c.686 §3; 1974 c.25 §6; 1975 c.364 §12; repealed by 1981 c.85 §17]

697.130 [Amended by 1953 c.520 §5; repealed by 1959 c.525 §36]

697.140 [Repealed by 1959 c.525 §36]

697.145 [Amended by 1953 c.520 §5; repealed by 1959 c.525 §36]

697.146 [1959 c.525 §13; 1961 c.686 §4; 1963 c.558 §6; 1971 c.119 §4; 1974 c.25 §7; 1975 c.364 §13; repealed by 1981 c.85 §17]

697.150 [Amended by 1953 c.520 §5; repealed by 1959 c.525 §36]

697.160 [Amended by 1953 c.520 §5; repealed by 1959 c.525 §36]

697.165 [Amended by 1959 c.525 §16; 1963 c.558 §16; 1963 c.580 §60; 1969 c.591 §300; 1975 c.364 §14; repealed by 1981 c.85 §17]

697.170 [Amended by 1957 §469 §1; repealed by 1959 c.525 §36]

697.180 [Repealed by 1959 c.525 §36]

697.181 [1959 c.525 §14; 1963 c.580 §61; 1969 c.373 §10; 1975 c.364 §15; repealed by 1981 c.85 §17]

697.190 [Amended by 1959 c.525 §17; 1963 c.558 §7; 1975 c.364 §16; repealed by 1981 c.85 §17]

697.200 [Amended by 1975 c.364 §17; repealed by 1981 c.85 §17]

697.210 [Amended by 1959 c.525 §18; 1963 c.580 §62; 1975 c.364 §18; repealed by 1981 c.85 §17]

697.220 [Amended by 1959 c.525 §19; repealed by 1973 c.794 §34]

697.230 [Amended by 1959 c.525 §20; 1963 c.558 §8; 1963 c.580 §63; 1975 c.364 §19; repealed by 1981 c.85 §17]

697.235 [1959 c.525 §22; 1975 c.364 §20; 1977 c.185 §10; repealed by 1981 c.85 §17]

697.240 [Amended by 1957 c.429 §2; 1959 c.525 §23; 1963 c.558 §9; 1975 c.364 §21; repealed by 1981 c.85 §17]

697.245 [1974 c.25 §9; 1975 c.364 §22; repealed by 1981 c.85 §17]

697.250 [Amended by 1959 c.525 §24; 1975 c.364 §23; 1977 c.185 §11; repealed by 1981 c.85 §17]

697.260 [Repealed by 1959 c.525 §36]

697.261 [1959 c.525 §15; 1963 c.558 §10; 1963 c.580 §64; 1969 c.373 §11; 1973 c.547 §6; 1975 c.364 §24; repealed by 1981 c.85 §17]

697.270 [Amended by 1959 c.525 §25; repealed by 1971 c.734 §21]

697.271 [1975 c.364 §33; repealed by 1981 c.85 §17]

697.273 [1975 c.364 §34; repealed by 1981 c.85 §17]

697.275 [1963 c.580 §57; 1975 c.364 §25; repealed by 1981 c.85 §17]

697.280 [Repealed by 1959 c.525 §36]

697.281 [1975 c.364 §36; repealed by 1981 c.85 §17]

697.285 [1963 c.580 §56; repealed by 1975 c.364 §38]

697.290 [Amended by 1959 c.525 §26; 1963 c.558 §11; 1971 c.119 §5; 1975 c.364 §26; repealed by 1981 c.85 §17]

697.295 [1977 c.185 §2; repealed by 1981 c.85 §17]

697.300 [1969 c.373 §2; 1975 c.364 §27; repealed by 1981 c.85 §17]

697.305 [1969 c.373 §3; 1975 c.364 §28; repealed by 1981 c.85 §17]

697.310 [1969 c.373 §4; 1975 c.364 §29; repealed by 1981 c.85 §17]

697.330 [1975 c.364 §35; repealed by 1981 c.85 §17]

697.400 [Repealed by 1959 c.525 §36]

697.401 [1959 c.525 §29; 1963 c.558 §12; repealed by 1963 c.580 §103]

697.402 [1963 c.580 §52; 1969 c.314 §98; 1971 c.753 §39; 1975 c.364 §30; 1977 c.185 §12; repealed by 1981 c.85 §17]

697.410 [Repealed by 1959 c.525 §36]

697.411 [1959 c.525 §30; 1963 c.558 §13; repealed by 1963 c.580 §103]

697.412 [1963 c.580 §54; repealed by 1971 c.753 §74]

697.420 [Repealed by 1959 c.525 §36]

697.421 [1959 c.525 §31; repealed by 1963 c.580 §103]

697.422 [1963 c.580 §55; 1975 c.364 §31; 1977 c.185 §13; repealed by 1981 c.85 §17]

697.430 [Amended by 1953 c.518 §2; 1957 c.469 §3; repealed by 1959 c.525 §36]

697.440 [Amended by 1959 c.525 §32; repealed by 1981 c.85 §17]

697.450 [Amended by 1959 c.525 §33; repealed by 1971 c.753 §74]

697.460 [Amended by 1959 c.525 §34; 1963 c.558 §14; 1967 c.216 §1; repealed by 1971 c.753 §74]

697.470 [Repealed by 1981 c.85 §17]

697.480 [Renumbered as part of 697.992]

DEBT CONSOLIDATING AGENCIES

697.602 Definitions for ORS 697.602 to 697.842. As used in ORS 697.602 to 697.842:

(1) “Client” means a debtor on whose behalf a debt consolidating agency is performing the services of a debt consolidating agency as described in ORS 697.612.

(2) “Director” means the Director of the Department of Consumer and Business Services. [1983 c.17 §2; 1987 c.373 §45; 1993 c.744 §21]

697.610 [1959 c.635 §1; repealed by 1981 c.631 §2]

697.612 Registration required to operate as debt consolidating agency. (1) A person shall not operate as a debt consolidating agency or in any way purport to be a debt consolidating agency unless the person is first registered with the Director of the Department of Consumer and Business Services under ORS 697.632. For purposes of this section, a person operates as a debt consolidating agency and is subject to ORS 697.602 to 697.842 if the person in the regular course of the person’s business directly or indirectly solicits, offers to take or takes anything of value belonging to the debtor or an assignment of the wages, salary, income, credits or any other thing of value of a debtor for the purpose of paying to any creditor of the debtor the debtor’s wages, salary, income, credits or things of value, or the proceeds from the sale of the things of value.

(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.

(3) Subsection (1) of this section is subject to the exemptions in ORS 697.622.

(4) A person who violates subsection (1) of this section is subject to ORS 697.762, 697.832 and 697.990 (3). [1983 c.17 §3]

697.615 [1959 c.635 §2; 1969 c.334 §1; 1975 c.761 §1; repealed by 1981 c.631 §2]

697.620 [1959 c.635 §3; repealed by 1981 c.631 §2]

697.622 Exemptions from requirements under ORS 697.602 to 697.842. The following are not required to comply with ORS 697.602 to 697.842:

(1) Attorneys-at-law rendering services in the performance of duties as attorneys.

(2) Financial institutions and trust companies, as those terms are defined in ORS 706.008.

(3) Savings and loan associations, credit unions and mutual savings banks.

(4) Consumer finance companies licensed under ORS chapter 725.

(5) Escrow agents licensed under ORS 696.505 to 696.590.

(6) Any public officer or any person acting under an order of court. [1983 c.17 §4; 1997 c.631 §525]

697.625 [1959 c.635 §4; 1973 c.827 §80; repealed by 1981 c.631 §2]

697.630 [1959 c.635 §5; repealed by 1981 c.631 §2]

697.632 Registration procedure; certificates; fees; rules. (1) Subject to ORS chapter 183, the Director of the Department of Consumer and Business Services shall establish by rule a program for registration of persons required to register with the director by ORS 697.612. The program shall include a requirement that a person who registers with the director must file and maintain with the director current information that the director requires by rule. The director shall require the following information for registration under this section:

(a) The name and address of the person engaging in business as a debt consolidating agency.

(b) The name and address of the debt consolidating agency.

(d) The names of persons who act as agents in the business of the debt consolidating agency.

(e) The names of persons who are agents of the debt consolidating agency for purposes of service of legal process, or an appointment of the director as agent for the debt consolidating agency for the service of process.

(f) If a person has been convicted for a criminal offense, an essential element of which is fraud, information relating to the circumstances of the conviction as required by the director.

(g) Any other information required by rules adopted by the director.

(h) That a bond has been obtained and that the bond satisfies the applicable requirements of ORS 697.642.

(2) The director may include any of the following in the program for the registration established under this section:

(a) The director may require any filings with the director that the director determines to be necessary to maintain current information required for registration. Filings required under this subsection may include renewal of registration at reasonable intervals, filings within a reasonable time after changes in a debt consolidating agency business and other filings the director determines to be necessary. In requiring filings under this subsection, the director shall attempt to minimize burdens the filings might place on persons required to file.

(b) The director may issue certificates of registration or other indicia of registration that the director determines will be of assistance to persons engaged in a debt consolidating agency business in establishing that the persons are registered under this section.

(3) The director shall collect a biennial registration fee of $200.

(4) The director shall maintain current records of the information required for registration under this section. [1983 c.17 §5; 1989 c.209 §1]

697.635 [1959 c.635 §6; repealed by 1981 c.631 §2]

697.640 [1959 c.635 §7; 1963 c.470 §7; 1975 c.761 §2; repealed by 1981 c.631 §2]

697.642 Bond required. (1) A person who applies for registration as a debt consolidating agency shall file with the Director of the Department of Consumer and Business Services a bond with one or more corporate sureties authorized to do business in this state. The bond:

(a) Must be in the amount of $10,000.

(b) Must require the surety company to provide written notice to the director by registered or certified mail of any cancellation or revocation of the bond:

(A) At least 30 days in advance of the cancellation or revocation; or

(B) Upon any payment made for a loss under the bond.

(c) Must satisfy the provisions of subsection (2) or (3) of this section, whichever is applicable to the debt consolidating agency.

(2) If the debt consolidating agency for which registration is sought is not incorporated under subsection (c) of section 501 of the Internal Revenue Code of 1954 (as amended and in effect on April 1, 1983), the bond required under subsection (1) of this section shall be a surety bond payable to the order of the director and be conditioned that the applicant shall pay all amounts, upon order of a court or order of the director, resulting from any violation by the debt consolidating agency of its statutory duties and obligations to its clients under ORS 697.652 to 697.702.

(3) If the debt consolidating agency for which registration is sought is incorporated under subsection (c) of section 501 of the Internal Revenue Code of 1954 (as amended and in effect on April 1, 1983), the bond required under subsection (1) of this section shall be a fidelity bond, and shall be payable to the applicant.

(4) If the director has cause to believe that the proceeds of the fidelity bond required under subsection (3) of this section are not being used to pay damages to a client, then either upon order of a court or order of the director upon the holder of the proceeds of the bond, the proceeds shall be paid to the director to pay the damages for the purpose of satisfying the requirements of ORS 697.772 to 697.812.

(5) The bond required by this section shall be continuously on file with the director in the amount required by this section. Upon termination or cancellation of the bond or reduction of the bond to less than the required amount, the debt consolidating agency immediately:

(a) Shall file a replacement bond; or

(b) Shall surrender its registration to the director and cease operating as a debt consolidating agency. [1983 c.17 §6; 1989 c.209 §2]

697.645 [1959 c.635 §8; 1963 c.470 §8; repealed by 1981 c.631 §2]

697.650 [1959 c.635 §9; 1963 c.470 §9; 1975 c.761 §3; repealed by 1981 c.631 §2]

697.652 Content and effective date of debt consolidating contract or agreement; client’s copy. (1) A debt consolidating agency improperly makes a contract or an agreement with a client if the debt consolidating agency does not comply with the requirements of subsection (2) or (3) of this section.

(2) A debt consolidating agency shall include the following items in each debt consolidating contract or agreement with a client:

(a) The name and address of the debt consolidating agency and of the client.

(b) A listing of every debt to be consolidated. The listing must disclose the creditor’s name and address and the approximate total of all such debts.

(d) A statement, in precise terms, of the rate to be charged by the debt consolidating agency.

(e) A statement of the approximate number of installments and the amount of each installment, in the form of a schedule showing the ratio or other arrangement made to pay the debts in full.

(f) A provision allowing the client to examine the client’s account in the office of the debt consolidating agency during office hours.

(g) A provision that the debt consolidating agency may cancel a debt consolidating contract or agreement without the client’s written authorization while the client is employed and the client’s salary is subject to any wage assignment made to the debt consolidating agency, if the client fails or refuses to make all of the client’s debts subject to the contract or agreement, if the client knowingly enters into new credit obligations while subject to a debt consolidating contract or agreement without the prior approval of the debt consolidating agency or if the client by any means knowingly withholds from the debt consolidating agency any wages that are subject to wage assignment.

(3) A debt consolidating agency shall deliver a legible copy of a contract or agreement between the debt consolidating agency and the client to the client immediately after the client executes it. The client’s copy shall be executed by the debt consolidating agency.

(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).

(5) A contract or agreement is not effective until a client has made a payment or a payment has been made under a wage assignment to the debt consolidating agency for distribution to the client’s creditors. [1983 c.17 §7]

697.655 [1959 c.635 §10; 1963 c.470 §10; repealed by 1981 c.631 §2]

697.657 [1963 c.470 §11; repealed by 1981 c.631 §2]

697.660 [1959 c.635 §11; repealed by 1981 c.631 §2]

697.662 Prohibited practices. (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.

(b) Takes a negotiable instrument, other than a check or draft, as payment or security for the charges of the debt consolidating agency.

(c) Takes a wage assignment, real estate mortgage, purchase money security interest or other security, all or any part of which is an amount greater than that provided in ORS 697.692, to secure the charges of the debt consolidating agency.

(d) Takes a confession of judgment or a power of attorney to con

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Oregon Chapter 697

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