Oregon Statutes - Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Consolidating 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...
• 697.010   [Amended by 1959 c.525 §1; 1963 c.580 §58; 1975 c.364 §1; 1977 c.185 §4; repealed by 1981 c.85 §17]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...
• 697.020   [Amended by 1953 c.519 §2; 1959 c.525 §2; 1963 c.558 §1; 1969 c.373 §5; 1973 c.547 §1; 1975 c.364 §2; repealed by 1977 c.185 §5 (697.021 enacted in lieu of 697.020)]
• 697.021   [1977 c.185 §6 (enacted in lieu of 697.020); repealed by 1981 c.85 §17]
• 697.025   [1977 c.185 §3; 1981 c.85 §4; 1991 c.86 §1; 1993 c.205 §1; 1993 c.508 §42; repealed by 1995 c.622 §15]
• 697.030   [Amended by 1959 c.525 §3; 1975 c.364 §3; 1977 c.185 §7; repealed by 1981 c.85 §17]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...
• 697.035   [1959 c.525 §10; 1963 c.558 §2; 1971 c.119 §2; 1974 c.25 §2; 1975 c.364 §4; 1977 c.873 §20; repealed by 1981 c.85 §17]
• 697.038   [1971 c.119 §1; 1973 c.547 §2; 1974 c.25 §3; 1975 c.364 §5; repealed by 1981 c.85 §17]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...
• 697.040   [Repealed by 1959 c.525 §36]
• 697.041   [1959 c.525 §11; 1963 c.558 §3; 1969 c.373 §6; 1973 c.547 §3; 1973 c.827 §79; 1974 c.36 §22; 1975 c.364 §6; repealed by 1981 c.85 §17]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...
• 697.050   [Repealed by 1959 c.525 §36]
• 697.051   [1963 c.558 §17; 1977 c.185 §8; repealed by 1981 c.85 §17]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...
• 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...
• 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...
• 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...
• 697.086   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...
• 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...
• 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...
• 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...
• 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....
• 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...
• 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...
• 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...
• 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]
• 697.500   Definitions for ORS 697.500 to 697.555.
  As used in ORS 697.500 to 697.555: (1) “Check-cashing business” means any person that conducts a business that for a fee, service charge or other...
• 697.502   Exemptions from licensing and record-keeping requirements.
  (1) ORS 697.510, 697.512, 697.514 and 697.540 do not apply to a person licensed under ORS 717.200 to 717.320. (2) ORS 697.510, 697.512, 697.514, 697.528...
• 697.504   Licensing requirement.
  Except as provided in ORS 697.502, a person may not conduct, purport to conduct or advertise that the person conducts a check-cashing business without first...
• 697.510   License application form and contents; waiver; rules.
  (1) An applicant for a license to conduct a check-cashing business shall apply in writing and in a form that the Director of the Department...
• 697.512   Application fee and investigation fee; rules.
  (1) Each person who submits an application under ORS 697.510 shall at the same time pay a nonrefundable application fee and a nonrefundable investigation fee...
• 697.514   Application review and license issuance; expiration and renewal; grounds for denial; rules.
  (1) After an applicant has submitted a complete application, the Director of the Department of Consumer and Business Services shall review the application and may...
• 697.520   Prohibited practices; effect on charges for dishonored payment instruments.
  (1) A check-cashing business may not charge or collect, directly or indirectly, an excessive fee, service charge or other consideration for cashing a payment instrument....
• 697.522   Receipt; contents.
  A check-cashing business shall provide a receipt to the individual for whom the business cashes a payment instrument. The receipt must display at least: (1)...
• 697.524   Endorsement and deposit of payment instruments.
  A check-cashing business shall: (1) Endorse in the name of the business all payment instruments for which the business provided money, credit or any other...
• 697.526   Notice of fees and charges; filing with department.
  A check-cashing business shall conspicuously post and at all times display in each business location a notice that states the fees, services charges or other...
• 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...
• 697.530   Prohibited conduct.
  A check-cashing business may not: (1) Publish, disseminate or cause to be published or disseminated a communication that contains a false, misleading or deceptive statement...
• 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...
• 697.542   Powers of director; cease and desist order.
  The Director of the Department of Consumer and Business Services may: (1) Make such investigations as the director deems necessary to determine whether a person...
• 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   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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 697.665   [1959 c.635 §12; 1963 c.546 §3; 1977 c.873 §22; repealed by 1981 c.631 §2]
• 697.670   [1959 c.635 §13; repealed by 1981 c.631 §2]
• 697.672   Record maintenance requirements.
  (1) A debt consolidating agency improperly maintains records when the debt consolidating agency does not comply with the following requirements: (a) A debt consolidating agency...
• 697.675   [1959 c.635 §14; 1963 c.470 §12; 1971 c.743 §410; repealed by 1981 c.631 §2]
• 697.680   [1959 c.635 §17; repealed by 1981 c.631 §2]
• 697.682   Management of client funds.
  (1) A debt consolidating agency improperly handles funds when the debt consolidating agency does not comply with the following requirements: (a) The debt consolidating agency...
• 697.685   [1959 c.635 §15; repealed by 1981 c.631 §2]
• 697.690   [1959 c.635 §16; repealed by 1981 c.631 §2]
• 697.692   Fees.
  (1) A debt consolidating agency: (a) May charge a client an initial set-up fee of not more than $25. (b) May charge for services performed...
• 697.695   [1959 c.635 §18; 1969 c.591 §301; repealed by 1981 c.631 §2]
• 697.700   [1959 c.635 §19; repealed by 1981 c.631 §2]
• 697.702   Interference with records of debt consolidating agency.
  (1) A person commits the offense of interfering with records of a debt consolidating agency if the person does either of the following to a...
• 697.705   [1959 c.635 §20; repealed by 1981 c.631 §2]
• 697.707   Disclosure of fees; effect.
  (1) A debt consolidating agency may not charge or receive from a client a fee authorized under ORS 697.692 for any services provided by the...
• 697.710   [1959 c.635 §21; repealed by 1981 c.631 §2]
• 697.712   Agency cancellation of contract or agreement without client authorization.
  A debt consolidating agency may cancel a debt consolidating contract or agreement without the authorization of a client if the client does any of the...
• 697.715   [1959 c.635 §22; repealed by 1981 c.631 §2]
• 697.720   [1959 c.635 §23; repealed by 1981 c.631 §2]
• 697.722   Execution or attachment of trust account funds.
  Funds in a trust account maintained by a debt consolidating agency under ORS 697.682 are not subject to execution or attachment on any claim against...
• 697.725   [1959 c.635 §24; repealed by 1973 c.794 §34]
• 697.730   [1959 c.635 §25; repealed by 1981 c.631 §2]
• 697.732   Audits; investigations; access; public disclosure requirements and exemptions.
  (1) To enforce ORS 697.612 and 697.642 to 697.702, the Director of the Department of Consumer and Business Services may: (a) Upon the director’s own...
• 697.733   [1963 c.470 §4; repealed by 1981 c.631 §2]
• 697.737   [1963 c.470 §5; repealed by 1981 c.631 §2]
• 697.740   [1959 c.635 §26; 1963 c.470 §13; repealed by 1981 c.631 §2]
• 697.742   Investigatory powers; subpoenas.
  (1) For the purpose of any investigation or proceeding under ORS 697.732, the Director of the Department of Consumer and Business Services or any officer...
• 697.743   [1963 c.470 §§2,3; repealed by 1981 c.631 §2]
• 697.745   [1959 c.635 §27; 1963 c.470 §14; repealed by 1981 c.631 §2]
• 697.750   [1959 c.635 §30; 1963 c.470 §15; repealed by 1981 c.631 §2]
• 697.752   Grounds for denial, revocation or suspension of registration; conditions; procedures.
  (1) The Director of the Department of Consumer and Business Services may refuse to issue or renew or may revoke or suspend the registration of...
• 697.755   [1959 c.635 §28; repealed by 1963 c.470 §17]
• 697.760   [1959 c.635 §29; repealed by 1971 c.734 §21]
• 697.762   Enjoining violations; attorney fees; damages.
  (1) If the Director of the Department of Consumer and Business Services determines that any person has engaged in, is engaging in or is about...
• 697.765   [1959 c.635 §31; 1963 c.470 §16; repealed by 1981 c.631 §2]
• 697.770   [1959 c.635 §32; repealed by 1981 c.631 §2]
• 697.772   Judgment against agency; recovery under bond.
  (1) If a client has obtained a judgment from a court on a claim against a debt consolidating agency registered under ORS 697.632 and the...
• 697.775   [1959 c.635 §33; repealed by 1981 c.631 §2]
• 697.780   [1959 c.635 §34; 1961 c.309 §7; 1967 c.216 §2; 1977 c.41 §4; repealed by 1981 c.631 §2]
• 697.782   Filing claim against agency with director; hearing; limitation on claims.
  (1) If a client has a claim against a debt consolidating agency registered under ORS 697.632, and the claim is one for which the client...
• 697.783   [1963 c.470 §6; repealed by 1981 c.631 §2]
• 697.785   [1959 c.635 §35; repealed by 1981 c.631 §2]
• 697.790   [1965 c.190 §2; repealed by 1981 c.631 §2]
• 697.792   Removing claim to court; attorney fees; notice; claim priorities.
  (1) If any claim in an amount of more than $200 is filed with the Director of the Department of Consumer and Business Services against...
• 697.802   Effect of final determination by director.
  A final determination on a claim under ORS 697.782 shall have the effect of a final determination given by a court of this state in...
• 697.810   [1971 c.734 §163; repealed by 1981 c.631 §2]
• 697.812   Priorities for satisfaction of claims from bond; limitation on filing claims.
  (1) Claims shall be satisfied from the bond filed under ORS 697.642 in the order the claims are filed with the Director of the Department...
• 697.820   [1973 c.548 §2; 1977 c.185 §14; 1981 c.85 §12; repealed by 1981 c.631 §2]
• 697.822   Remedy not exclusive.
  The remedy provided for in ORS 697.782: (1) Is in addition to and not exclusive of any other remedies provided by law. (2) Does not...
• 697.825   Enforcement; orders.
  (1) The Director of the Department of Consumer and Business Services may, if the director has reason to believe that a person has: (a) Violated,...
• 697.830   [1977 c.41 §6; 1981 c.85 §13; repealed by 1981 c.631 §2]
• 697.832   Civil penalties.
  (1) In addition to any other liability or penalty provided by law, the Director of the Department of Consumer and Business Services may impose a...
• 697.842   Disposition of moneys received by director.
  All moneys received by the Director of the Department of Consumer and Business Services or the department under ORS 697.005 to 697.095 or 697.602 to...
• 697.990   Penalties.
  (1) Violation of ORS 697.015 or 697.058 by an individual is a Class A violation. (2) Violation of ORS 697.015 or 697.058 by a corporation...
• 697.992   Jurisdiction of courts.
  Justice courts have concurrent jurisdiction with circuit courts in all criminal prosecutions for violation of ORS 697.015, 697.058, 697.612 and 697.642 to 697.702. [Derived from...

Last modified: August 7, 2008