US Laws, Codes, Statutes & Cases

Chapter 697 — Collection Agencies; Check-Cashing Businesses;

Debt Consolidating Agencies

 

2007 EDITION

 

DEBT COLLECTION & CONSOLIDATION; CHECK CASHING

 

OCCUPATIONS AND PROFESSIONS

 

COLLECTION AGENCIES

 

697.005     Definitions for ORS 697.005 to 697.095

 

697.015     Registration required to operate as collection agency

 

697.031     Registration procedure; bond or letter of credit; fees; procedures for out-of-state collection agencies; rules

 

697.039     Revocation, suspension or refusal to issue or renew registration

 

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

 

CHECK-CASHING BUSINESSES

 

697.500     Definitions for ORS 697.500 to 697.555

 

697.502     Exemptions from licensing and record-keeping requirements

 

697.504     Licensing requirement

 

697.510     License application form and contents; waiver; rules

 

697.512     Application fee and investigation fee; rules

 

697.514     Application review and license issuance; expiration and renewal; grounds for denial; rules

 

697.520     Prohibited practices; effect on charges for dishonored payment instruments

 

697.522     Receipt; contents

 

697.524     Endorsement and deposit of payment instruments

 

697.526     Notice of fees and charges; filing with department

 

697.528     Records; retention; examination costs; rules

 

697.530     Prohibited conduct

 

697.540     Suspension or revocation of license; grounds; notice and hearing

 

697.542     Powers of director; cease and desist order

 

697.550     Rules

 

697.555     Civil penalties; restitution

 

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.

      (c) Any assumed names or business names used by 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;

      (c) A person has violated the provisions of ORS 697.045 or 697.058;

      (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;

      (c) Bring and maintain an action to recover the amount owing from the claim or account; and

      (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

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

      (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, to compensate the public body, in whole or in part, 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

      (c) Of the amount of the fee that may be added to the debt under subsection (1) of this section.

      (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; 2007 c.204 §1]

 

      697.110 [Repealed by 1959 c.525 §36]