Chapter 697 — Chapter 697
181 sections in this chapter.
ORS 697.528 Records; retention; examination costs; rules. (1) A check-cashing business shall make, keep and maintain all records used in providing money, credit or any other thing of value in exchange for payment instruments that the Director of the Department of Consumer and Business Services may reasonably require. The check-cashing business shall keep and maintain the records that the director requires under this section separate from records used for any other business that the check-cashing business conducts. The check-cashing business shall retain the records the director requires under this section for three years following the date of the transaction each record describes, or for so long as the director may prescribe by rule
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(2) The director may examine the records required to be kept and maintained under this section to determine whether the check-cashing business is complying with ORS 697.500 to 697.555 and with rules the director has adopted under ORS 697.500 to 697.555. The check-cashing business…
ORS 697.530 Prohibited conduct. A check-cashing business may not
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(1) Publish, disseminate or cause to be published or disseminated a communication that contains a false, misleading or deceptive statement or representation. (2) Conduct business at premises or locations other than locations licensed by the Director of the Department of Consumer …
ORS 697.540 Suspension or revocation of license; grounds; notice and hearing. (1) The Director of the Department of Consumer and Business Services may by order suspend or revoke any license issued under ORS 697.514 if the director finds that any of the following circumstances are true
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(a) The licensee has violated a provision of ORS 697.500 to 697.555 or of a rule or order the director has adopted or issued under ORS 697.500 to 697.555. (b) The licensee knowingly made a false or misleading statement on the application for a license under ORS 697.510 or in info…
ORS 697.542 Powers of director; cease and desist order. The Director of the Department of Consumer and Business Services may
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(1) Make such investigations as the director deems necessary to determine whether a person has violated, is violating or is preparing to violate ORS 697.500 to 697.555 or a rule or order adopted or issued under ORS 697.500 to 697.555. (2) Require a person to file a statement in w…
ORS 697.550 Rules. The Director of the Department of Consumer and Business Services may adopt rules for the purpose of carrying out the provisions of ORS 697.500 to 697.555. [2007 c.358 §16]
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[Repealed or reserved.]
ORS 697.555 Civil penalties; restitution. (1) If the Director of the Department of Consumer and Business Services finds that a person has violated a provision of ORS 697.500 to 697.555 or any rules adopted under ORS 697.500 to 697.555, the director may impose in the manner provided in ORS 183.745 a civil penalty in an amount not to exceed $1,000 for each violation or, in the case of a continuing violation, not more than $1,000 for each day that the violation continues. The total amount of a penalty imposed for a continuing violation may not exceed $20,000 for each offense. The director shall pay all moneys received under this section into the Consumer and Business Services Fund as provided in ORS 705.145
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(2) The director may order any check-cashing business the director finds in violation of ORS 697.520 to repay any excessive fee, service charge or consideration the check-cashing business has collected. [2007 c.358 §15] DEBT MANAGEMENT SERVICE PROVIDERS
ORS 697.602 Definitions for ORS 697.602 to 697.842. As used in ORS 697.602 to 697.842
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(1) “Consumer” means an individual who is obligated or is allegedly obligated to pay a debt and on whose behalf a debt management service provider performs or agrees to perform a debt management service. (2) “Debt management service” means an activity for which a person receives …
ORS 697.610 [1959 c.635 §1; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.612 Registration requirement; exceptions. (1) A person that has not registered with the Director of the Department of Consumer and Business Services under ORS 697.632 may not engage in business in this state in the course of which the person
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(a) Performs a debt management service; or (b) Receives money or other valuable consideration or expects to receive money or other valuable consideration for: (A) Soliciting or receiving an application from a consumer for a debt management service; (B) Forwarding or providing a c…
ORS 697.615 [1959 c.635 §2; 1969 c.334 §1; 1975 c.761 §1; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.620 [1959 c.635 §3; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.622 [1983 c.17 §4; 1997 c.631 §525; repealed by 2009 c.604 §27]
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[Repealed or reserved.]
ORS 697.625 [1959 c.635 §4; 1973 c.827 §80; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.630 [1959 c.635 §5; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.632 Registration procedure; fees; rules. (1)(a) The Director of the Department of Consumer and Business Services shall maintain a registry of debt management service providers and by rule in accordance with ORS chapter 183 shall require a person that performs a debt management service, unless the person is exempt under ORS 697.612 (3), to apply to the director to register or to renew a registration as a debt management service provider
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(b) The director, consistent with the requirements of ORS 697.602 to 697.842, may administer a program to register debt management service providers, or renew registrations, by means of an agreement with the Nationwide Multistate Licensing System and may, by rule, conform the pra…
ORS 697.635 [1959 c.635 §6; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.640 [1959 c.635 §7; 1963 c.470 §7; 1975 c.761 §2; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.642 Bond requirement. (1) An applicant for registration as a debt management service provider at the time of application shall file with the Director of the Department of Consumer and Business Services a bond issued by one or more corporate sureties authorized to do business in this state. The bond must
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(a) Be in an amount that is: (A) A minimum of $10,000; or (B) An amount the director specifies by rule. (b) Require the surety company to provide written notice to the director by registered or certified mail: (A) At least 30 days before the surety company cancels or revokes the …
ORS 697.645 [1959 c.635 §8; 1963 c.470 §8; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.650 [1959 c.635 §9; 1963 c.470 §9; 1975 c.761 §3; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.652 Written agreement and budget analysis requirement; contents and form of agreement; waiver of requirements void. (1) A debt management service provider may not perform a debt management service for a consumer without entering into a written agreement with the consumer that
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(a) Lists the name and telephone number for the debt management service provider and the consumer and, to the extent the information is available, the facsimile number, electronic mail address and website address or other Internet uniform resource locator for the debt management …
ORS 697.655 [1959 c.635 §10; 1963 c.470 §10; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.657 [1963 c.470 §11; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.660 [1959 c.635 §11; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.662 Prohibited practices. A debt management service provider or a person required to obtain a registration as a debt management service provider under ORS 697.612 may not
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(1) Make, or counsel or advise a consumer to make, a statement that is untrue or misleading or that the debt management service provider or the person in the exercise of reasonable care should know is untrue or misleading. (2) Represent that the debt management service provider o…
ORS 697.665 [1959 c.635 §12; 1963 c.546 §3; 1977 c.873 §22; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.670 [1959 c.635 §13; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.672 Requirement to make, keep and maintain records; rules. (1) A debt management service provider shall make, keep and maintain accounts, correspondence, memoranda, papers, books and other records that the Director of the Department of Consumer and Business Services by rule determines are necessary to ensure that the debt management service provider is complying with the provisions of ORS 697.602 to 697.842
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(2) A debt management service provider shall maintain records for each consumer with which the debt management service provider does business in a form and with contents the director specifies by rule. The debt management service provider shall maintain each consumer record for a…
ORS 697.675 [1959 c.635 §14; 1963 c.470 §12; 1971 c.743 §410; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.680 [1959 c.635 §17; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.682 Trust accounts for client funds; statements. (1) A debt management service provider that holds a consumer’s funds, directly or indirectly, shall establish a trust account in this state with an insured institution, as defined in ORS 706.008, in which to keep the consumer funds that the debt management service provider holds
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(2) The debt management service provider may establish a separate trust account for each consumer with whom the debt management service provider does business, or may establish a single trust account in which the debt management service provider keeps all consumer funds. If the d…
ORS 697.685 [1959 c.635 §15; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.690 [1959 c.635 §16; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.692 Fees; circumstances in which consumer may void contract; prohibition of waiver; rules. (1) Subject to subsection (4) of this section, a debt management service provider may charge a consumer only the following fees
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(a) An initial fee of not more than $50. (b) A fee reasonably calculated to recover the costs that the debt management service provider incurs in providing an initial counseling session or education class. The debt management service provider may charge the fee described in this …
ORS 697.695 [1959 c.635 §18; 1969 c.591 §301; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.700 [1959 c.635 §19; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.702 Interference with records of debt management service provider. (1) A person commits the offense of interfering with records of a debt management service provider if, with respect to a record to which ORS 697.672 applies, the person intentionally
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(a) Makes a false entry in the record; or (b) Mutilates, destroys or otherwise disposes of the record. (2) Subsection (1)(b) of this section does not apply to a debt management service provider that disposes of a record after the retention period set forth in ORS 697.672 expires.…
ORS 697.705 [1959 c.635 §20; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.707 Required disclosures. (1) A debt management service provider may not charge or receive from a consumer a fee described in ORS 697.692 until after the debt management service provider makes the disclosures described in this section
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(2) A debt management service provider shall give to every consumer for whom the debt management service provider offers to perform a debt management service a document that: (a) States the maximum amount the debt management service provider may charge the consumer for all debt m…
ORS 697.710 [1959 c.635 §21; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.712 [1983 c.17 §13; repealed by 2009 c.604 §27]
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[Repealed or reserved.]
ORS 697.715 [1959 c.635 §22; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.718 Liability for consumer’s ascertainable loss; limitation on time to commence action. (1) A debt management service provider or a person required to obtain a registration as a debt management service provider under ORS 697.612 is liable to a consumer who suffers an ascertainable loss of money or property, real or personal, in connection with the debt management service provider’s or person’s violation of a provision of ORS 697.652, 697.662, 697.682, 697.692 or 697.707
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(2) Except as provided in this subsection, an action or suit may not be commenced under this section more than three years after the date on which the debt management service provider or person enters into an agreement for a debt management service with the consumer that suffered…
ORS 697.720 [1959 c.635 §23; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.722 Execution or attachment of trust account funds. Funds in a trust account that a debt management service provider maintains under ORS 697.682 are not subject to execution or attachment on a claim against the debt management service provider. [1983 c.17 §14; 2009 c.604 §12]
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[Repealed or reserved.]
ORS 697.725 [1959 c.635 §24; repealed by 1973 c.794 §34]
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[Repealed or reserved.]
ORS 697.730 [1959 c.635 §25; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.732 Examinations; investigations; costs; access; public disclosure requirements and exemptions. (1) To enforce the provisions of ORS 697.612 and 697.642 to 697.702, the Director of the Department of Consumer and Business Services may
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(a) Examine a debt management service provider or a person required to obtain a registration as a debt management service provider under ORS 697.612 and the debt management service provider’s or the person’s accounts for the purpose of investigating a violation of ORS 697.642 to …
ORS 697.733 [1963 c.470 §4; repealed by 1981 c.631 §2]
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[Repealed or reserved.]
ORS 697.737 [1963 c.470 §5; repealed by 1981 c.631 §2]
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[Repealed or reserved.]