Chapter 697 — Chapter 697
181 sections in this chapter.
ORS 697.005 Definitions for ORS 697.005 to 697.095. As used in ORS 697.005 to 697.095
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(1)(a) “Collection agency” means: (A) A person that engages directly or indirectly in soliciting a claim for collection, or collecting or attempting to collect a claim that is owed, due or asserted to be owed or due to another person or to a public body at the time the person sol…
ORS 697.010 [Amended by 1959 c.525 §1; 1963 c.580 §58; 1975 c.364 §1; 1977 c.185 §4; repealed by 1981 c.85 §17]
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[Repealed or reserved.]
ORS 697.015 Registration requirement. 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]
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[Repealed or reserved.]
ORS 697.020 [Amended by 1953 c.519 §2; 1959 c.525 §2; 1963 c.558 §1; 1969 c.373 §5; 1973 c.547 §1; 1975 c.364 §2; repealed by 1977 c.185 §5 (697.021 enacted in lieu of 697.020)]
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[Repealed or reserved.]
ORS 697.021 [1977 c.185 §6 (enacted in lieu of 697.020); repealed by 1981 c.85 §17]
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[Repealed or reserved.]
ORS 697.025 [1977 c.185 §3; 1981 c.85 §4; 1991 c.86 §1; 1993 c.205 §1; 1993 c.508 §42; repealed by 1995 c.622 §15]
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[Repealed or reserved.]
ORS 697.030 [Amended by 1959 c.525 §3; 1975 c.364 §3; 1977 c.185 §7; repealed by 1981 c.85 §17]
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[Repealed or reserved.]
ORS 697.031 Registration procedure; bond or letter of credit; fees; procedures for out-of-state collection agencies; rules. (1)(a) The Director of the Department of Consumer and Business Services shall establish by rule a program for registering persons that operate as collection agencies that must register with the Department of Consumer and Business Services under ORS 697.015. The department shall require applicants for registration to file and registrants to maintain with the department current information the department requires by rule
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(b) The director, consistent with the requirements of ORS 697.005 to 697.095, may issue and renew registrations under this section by means of an agreement with the Nationwide Multistate Licensing System and may, by rule, conform the practices, procedures and information that the…
ORS 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]
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[Repealed or reserved.]
ORS 697.038 [1971 c.119 §1; 1973 c.547 §2; 1974 c.25 §3; 1975 c.364 §5; repealed by 1981 c.85 §17]
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[Repealed or reserved.]
ORS 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
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(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 faile…
ORS 697.040 [Repealed by 1959 c.525 §36]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 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
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(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 …
ORS 697.050 [Repealed by 1959 c.525 §36]
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[Repealed or reserved.]
ORS 697.051 [1963 c.558 §17; 1977 c.185 §8; repealed by 1981 c.85 §17]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 697.055 [1975 c.364 §37; 1977 c.185 §9; repealed by 1981 c.85 §17]
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[Repealed or reserved.]
ORS 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
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(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 bu…
ORS 697.060 [Repealed by 1959 c.525 §36]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 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
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(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 o…
ORS 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]
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[Repealed or reserved.]
ORS 697.075 [1981 c.85 §16; 1991 c.249 §63; repealed by 1995 c.622 §15]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 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
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(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]
ORS 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
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(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 697.09…
ORS 697.090 [Repealed by 1959 c.525 §36]
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[Repealed or reserved.]
ORS 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
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(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 pe…
ORS 697.093 Enforcement. (1) The Director of the Department of Consumer and Business Services may
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(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)…
ORS 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
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(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 …
ORS 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
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(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]
ORS 697.098 [1981 c.267 §2; repealed by 1987 c.373 §85]
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[Repealed or reserved.]
ORS 697.100 [Amended by 1959 c.525 §8; 1969 c.373 §9; 1975 c.364 §10; repealed by 1981 c.85 §17]
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[Repealed or reserved.]
ORS 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
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(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 b…
ORS 697.107 Prohibition on use of public agency or public official seal or letterhead. (1) A public agency or public official may not
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(a) Allow a person or entity in the practice of collecting debt, including restitution, to use the seal or letterhead of the public agency or public official; or (b) Receive or collect a fee from a person or entity in the practice of collecting debt, including restitution, in exc…
ORS 697.110 [Repealed by 1959 c.525 §36]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 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
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(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, to compensate the person, in whole or in part, for the collection agency fee incurred or to be incu…
ORS 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]
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[Repealed or reserved.]
ORS 697.130 [Amended by 1953 c.520 §5; repealed by 1959 c.525 §36]
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[Repealed or reserved.]
ORS 697.140 [Repealed by 1959 c.525 §36]
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[Repealed or reserved.]
ORS 697.145 [Amended by 1953 c.520 §5; repealed by 1959 c.525 §36]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 697.150 [Amended by 1953 c.520 §5; repealed by 1959 c.525 §36]
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[Repealed or reserved.]
ORS 697.160 [Amended by 1953 c.520 §5; repealed by 1959 c.525 §36]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 697.170 [Amended by 1957 §469 §1; repealed by 1959 c.525 §36]
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[Repealed or reserved.]
ORS 697.180 [Repealed by 1959 c.525 §36]
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[Repealed or reserved.]