justicedao/ipfs_state_laws huggingface dataset:
441-810-0220 Communication In Connection With Debt Collection (1) Without the prior consent of the debtor given directly to the collection agency or the express permission of a court of competent jurisdiction, a collection agency may not communicate with a debtor in connection with the collection of any debt: (a) At any unusual time or place or a time or place known or which should be known to be inconvenient to the debtor. In the absence of knowledge of circumstances to the contrary, a collection agency shall assume that the convenient time for communicating with a debtor is after 8 a.m. and before 9 p.m., local time at the debtor’s location; (b) If the collection agency knows the debtor is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney’s name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the collection agency or unless the attorney consents to direct communication with the debtor; or (c) At the debtor’s place of employment if the collection agency knows or has reason to know that the debtor’s employer prohibits the debtor from receiving such communication. (2) Except as provided in OAR 441-810-0210, without the prior consent of the debtor given directly to the collection agency, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a collection agency may not communicate, in connection with the collection of any debt, with any person other than the debtor, his attorney, a consumer reporting agency if otherwise permitted by law, the obligee, the attorney of the obligee, or the attorney of the collection agency. (3) If a debtor notifies a collection agency in writing that the debtor refuses to pay a debt or that the debtor wishes the collection agency to cease further communication with the debtor, the collection agency shall not communicate further with the debtor with respect to such debt, except: (a) To advise the debtor that the collection agency’s further efforts are being terminated; (b) To notify the debtor that the collection agency or obligee may invoke specified remedies which are ordinarily invoked by such collection agency or obligee; or (c) Where applicable, to notify the debtor that the collection agency or obligee intends to invoke a specified remedy. If such notice from the debtor under this section (3) is made by mail, notification shall be complete upon receipt. Statutory/Other Authority: ORS 697.085 & Ch. 421, Sec. 4 & 2003 OL Statutes/Other Implemented: ORS 25.020 & Ch. 421, Sec. 4 & 2003 OL History: FCS 6-2003, f. 12-30-03 cert. ef. 1-1-04
441-810-0230 Harassment or Abuse A collection agency may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this rule: (1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. (2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. (3) The publication of a list of debtors who allegedly refuse to pay debts, except to a consumer reporting agency. (4) The advertisement for sale of any debt to coerce payment of the debt. (5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. (6) Except as provided in OAR 441-810-0210, the placement of telephone calls without meaningful disclosure of the caller’s identity. Statutory/Other Authority: ORS 697.085 & Ch. 421, Sec. 4 & 2003 OL Statutes/Other Implemented: ORS 25.020 & Ch. 421, Sec. 4 & 2003 OL History: FCS 6-2003, f. 12-30-03 cert. ef. 1-1-04
441-810-0250 Unfair Practices A collection agency may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this rule: (1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. (2) The acceptance by a collection agency from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the collection agency’s intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit. (3) The solicitation by a collection agency of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution. (4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument. (5) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees. (6) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if: (a) There is no present right to possession of the property claimed as collateral through an enforceable security interest; (b) There is no present intention to take possession of the property; or (c) The property is exempt by law from such dispossession or disablement. (7) Communicating with a debtor regarding a debt by post card. (8) Using any language or symbol, other than the collection agency’s address, on any envelope when communicating with a debtor by use of the mails or by telegram, except that a collection agency may use his business name if such name does not indicate that he is in the debt collection business. Statutory/Other Authority: ORS 697.085 & Ch. 421, Sec. 4 & 2003 OL Statutes/Other Implemented: ORS 25.020 & Ch. 421, Sec. 4 & 2003 OL History: FCS 6-2003, f. 12-30-03 cert. ef. 1-1-04
441-810-0260 Compliance with Fair Debt Collection Practices Act A collection agency that is subject to and in compliance with the requirements of the Fair Debt Collection Practices Act (Public Law 95-109, 15 U.S.C. 1692 et seq.) shall also be considered to be in compliance with the requirements of OAR 441-810-0200 through 441-810-0250. Statutory/Other Authority: ORS 697.085 Statutes/Other Implemented: ORS 25.020, 697.085 & Ch. 421 Sec. 4 & 2003 OL History: FCS 6-2003, f. 12-30-03 cert. ef. 1-1-04
441-820-0010 Licensing Each person applying for a debt buyer license shall submit to the director all the following through the Nationwide Multistate Licensing System (NMLS): (1) A completed Form MU1, including, but not limited to, business activities, license information, contact information, trade names used, an Oregon resident agent, web addresses, books and records information, approvals and designation, affiliates and subsidiaries, disclosure questions and explanations and ownership information. (2) A completed Form MU2 for any director, member, officer, manager, partner or control person including but not limited to contact information, other names, residential and employment history, other business information, and disclosure questions. (3) Fingerprints and authorization to conduct a background check from applicant and applicant’s directors, members, officers, managers, partners and control persons; (4) A business plan; (5) A certificate of authority or good standing showing the company’s authorization to do business in Oregon; (6) Evidence of the company’s staffing and internal policies that includes the training that the company requires staff to complete regarding compliance with the Fair Debt Collection Practices Act, the Fair Credit Reporting Act , and information security; (7) A copy of the company’s formation documents, if any; (8) A management chart; (9) An organization chart; (10) Proof of errors and omissions insurance in the amount required by OAR 441-820-0080 from an insurer authorized to transact insurance in this state or from any other insurer approved by the director; and (11) Authorization for a credit report from the applicant’s directors, members, officers, managers, partner, and control persons. (12)(a) An applicant may indicate if they hold a current membership in or certification from a national nonprofit trade association. (b) If an applicant indicates membership or certification in a trade association, they must include the name of the association and any individual identifier issued by the association. Statutory/Other Authority: 2017 Or Laws ch 625 §§ 8, 13, 15 Statutes/Other Implemented: 2017 Or Laws ch 625 §§ 4 -10 History: FSR 4-2018, adopt filed 04/23/2018, effective 04/24/2018 FSR 11-2017, temporary adopt filed 10/27/2017, effective 10/27/2017 through 04/24/2018
441-820-0020 Deficiencies in Debt Buyer License Application (1) If an applicant submits an application, filing, or amendment which is incomplete in any respect, the director will notify the applicant of the deficiencies through the NMLS. The applicant shall correct a deficiency associated with an application, filing, or amendment within 30 days of being notified of a deficiency. (2) A challenge submitted to the NMLS as set out in OAR 441-820-0030 shall halt the 30-day period of time for correcting deficiencies for the duration of the challenge process. (3) If the applicant fails to complete the application or respond to deficiencies within 30 days, the application will be considered abandoned. Any fees paid by the applicant under OAR 441-820-0070 will not be refunded due to abandonment. An applicant whose application is abandoned under this rule may reapply to obtain a debt buyer license. Statutory/Other Authority: 2017 Or Laws ch 625 §§ 8, 13, 15 Statutes/Other Implemented: 2017 Or Laws ch 625 §§ 4 - 10 History: FSR 4-2018, adopt filed 04/23/2018, effective 04/24/2018 FSR 11-2017, temporary adopt filed 10/27/2017, effective 10/27/2017 through 04/24/2018
441-820-0030 Process to Challenge Information Entered into the National Mortgage Licensing System and Registry (1) A person applying for a debt buyer license or a person licensed as a debt buyer has standing to challenge information regarding that person submitted to the NMLS and transmitted to the director for the approval or denial of a debt buyer license. (2) Information subject to challenge by a person with standing under section (1) of this rule is limited to information that is alleged to be factually inaccurate or incomplete. (3) A challenge of information must be made to the director in writing and must include any documentation that supports that the information subject to the challenge is factually inaccurate or incomplete. The director may limit the use of or reject information not relevant to the challenge. (4) If the director determines that information is factually inaccurate or incomplete, the director may exclude the factually inaccurate or incomplete information in determining whether to issue or deny a debt buyer license. The director may also notify the NMLS of the factually inaccurate or incomplete information. (5) Any person adversely affected or aggrieved by a decision may request the division reconsider its determination in accordance with OAR 137-004-0080. Statutory/Other Authority: 2017 Or Laws ch 625 §§ 8, 13, 15 Statutes/Other Implemented: 2017 Or Laws ch 625 §§ 4 - 10 History: FSR 4-2018, adopt filed 04/23/2018, effective 04/24/2018 FSR 11-2017, temporary adopt filed 10/27/2017, effective 10/27/2017 through 04/24/2018
441-820-0040 Application Review (1) The director will grant a debt buyer license to an applicant if: (a) After an investigation, the director determines the applicant or applicant’s directors, members, officers, managers, partners or control persons have the financial responsibility, experience, character, and general fitness to command the confidence of the community and warrant a belief that the licensee will engage in debt buying honestly, fairly, efficiently, and in compliance with ORS 646.639(4) : (b) The director finds that the application is complete and accurate; (c) The applicant has paid all applicable fees; (d) The licensee has errors and omissions insurance from an insurer authorized to transact insurance in this state or from any other insurer approved by the director; (e) Neither the applicant nor its directors, members, officers, managers, partners and control persons has been convicted of a criminal offense involving dishonesty, fraud, deceit, misrepresentation, misappropriation of confidential data or personal information, breach of trust or laundering a monetary instrument; (f) Neither the applicant or its directors, members, officers, managers, partners and control persons has a bankruptcy or reorganization within the past seven years; (g) Neither the applicant or its directors, members, officers, managers, partners and control persons has been, in the seven years immediately proceeding the application, subject to a final cease and desist order regarding a violation of any law or regulation governing debt buyers or debt buying in any state, a suspension or revocation to engage in debt buying in any state, or any other formal or informal enforcement action in any state where the authority found the applicant or applicant’s directors, members, officers, managers, partners or control persons violated an applicable law, regulation, rule or order. (2) The director may not grant a debt buying license if: (a) If a court of competent jurisdiction has enjoined the applicant or licensee or an applicant or licensee’s directors, members, officers, managers, partners and control person from undertaking debt buying. (b) Applicant or licensee or an applicant or licensee’s directors, members, officers, managers, partners and control person has been subject to a US Postal Service fraud order within the previous 5 years and that remains in effect. Statutory/Other Authority: 2017 Or Laws ch 625 §§ 8, 13, 15 Statutes/Other Implemented: 2017 Or Laws ch 625 §§ 4 - 10 History: FSR 4-2018, adopt filed 04/23/2018, effective 04/24/2018 FSR 11-2017, temporary adopt filed 10/27/2017, effective 10/27/2017 through 04/24/2018
441-820-0050 Renewal of Debt Buyer License (1) A debt buyer license shall expire on December 31 of each calendar year. At least 30 days prior to the expiration of a debt buyer license, the debt buyer shall submit a renewal request for the license to the director through the NMLS and shall: (a) Complete a renewal request with an attestation that the records are true and accurate; and (b) Pay any applicable renewal fees prescribed under OAR 441-820-0070. (2) A debt buyer shall each calendar year submit through the NMLS a proof of errors and omission insurance under OAR 441-820-0080; (3) The director may refuse to renew a license if a reason exists under OAR 441-820-0040, 441-820-0110, 441-820-0130, or 441-820-0160, licensee has failed to comply with any outstanding orders, or failed to pay outstanding fees or penalties. (4) If a debt buyer submits an application for renewal which is incomplete in any respect, the director shall notify the debt buyer of the deficiencies on the application. The debt buyer shall have 30 days from the date of the notice or the end of the renewal period, whichever occurs first, to respond to the deficiencies. If the debt buyer fails to complete the application for renewal or to respond to the deficiencies, the license shall be terminated on the expiration date by reason of failure to renew. Statutory/Other Authority: 2017 Or Laws ch 625 §§ 8, 13, 15 Statutes/Other Implemented: 2017 Or Laws ch 625 §§ 4 - 10 History: FSR 4-2018, adopt filed 04/23/2018, effective 04/24/2018 FSR 11-2017, temporary adopt filed 10/27/2017, effective 10/27/2017 through 04/24/2018
441-820-0060 Rules for Use of Assumed Business Names In addition to any requirements for registering an assumed business name with the Secretary of State, a debt buyer who intends to use an assumed business name to identify the person’s debt buyer business shall also comply with the following before doing business under the assumed business name: (1) If the assumed business name contains words or phrases described in ORS 56.023, the debt buyer must obtain specific written approval from the director under ORS 705.635 and OAR 441-005-0010. (2) Submit a filing through the NMLS listing the assumed business name as a trade name for the company. Statutory/Other Authority: 2017 Or Laws ch 625 §§ 8, 13, 15 Statutes/Other Implemented: 2017 Or Laws ch 625 §§ 4 - 10 History: FSR 4-2018, adopt filed 04/23/2018, effective 04/24/2018 FSR 11-2017, temporary adopt filed 10/27/2017, effective 10/27/2017 through 04/24/2018
441-820-0070 Fees In addition to any fees required to participate in the NMLS, a debt buyer must pay the following fees to the director at the time of application or renewal: (1) A non-refundable application fee of $450; or (2) A non-refundable renewal fee of $450. Statutory/Other Authority: 2017 Or Laws ch 625 §§ 8, 13, 15 Statutes/Other Implemented: 2017 Or Laws ch 625 §§ 4 - 10 History: FSR 4-2018, adopt filed 04/23/2018, effective 04/24/2018 FSR 11-2017, temporary adopt filed 10/27/2017, effective 10/27/2017 through 04/24/2018
441-820-0080 Errors and Omissions Insurance (1) Applicants for a license under these rules must submit proof of errors and omissions insurance in the amount required under subsection (3) of this rule from an insurer that the department has authorized to transact insurance in this state or which is an eligible surplus lines insurer as defined in ORS 735.405 or a risk retention group as defined in ORS 735.305. (2) Upon application to renew a license, a licensee must attest that they have an errors and omissions policy in the amount required by subsection (3) from an insurer that the department has authorized to transact insurance in this state or which is an eligible surplus lines insurer as defined in ORS 735.405 or a risk retention group as defined in ORS 735.305. (3) An errors and omissions policy limits shall be calculated as follows: (a) A debt buyer with annual receipts of $10 million or more must maintain policy with a minimum of $1,000,000 per event. (b) A debt buyer with annual receipts of less than $10 million must maintain policy with a minimum of $500,000 per event. (4) Debt buyers with less than $10 million in receipts must submit an Attestation For Reduced Errors and Omissions Insurance through the NMLS. Statutory/Other Authority: 2017 Or Laws ch 625 §§ 8, 13, 15 Statutes/Other Implemented: 2017 Or Laws ch 625 §§ 4 - 10 History: FSR 4-2018, adopt filed 04/23/2018, effective 04/24/2018 FSR 11-2017, temporary adopt filed 10/27/2017, effective 10/27/2017 through 04/24/2018
441-820-0090 Cancellation of Debt Buyer License for Failure to Maintain Errors and Omissions Insurance (1) The director may cancel the license of a debt buyer for failing to maintain errors and omissions insurance as required by 2017 Oregon Laws Ch. 625 and OAR 441-820-0080. The procedure for canceling a license under this rule is as follows: (a) Upon notification from the insurer of notice of intent to cancel the errors and omissions insurance, the director shall notify the debt buyer. This notice may be sent by setting a deficiency on the company’s license in the NMLS. (b) If an effective errors and omissions insurance policy is not submitted through the NMLS by 5 p.m. Pacific Time within thirty (30) calendar days after receiving the notice in subsection (a) of this rule the director shall cancel the license of the debt buyer. The cancellation of the debt buyer license shall be effective as of the errors and omissions insurance cancellation date. For the purposes of this rule, an effective errors and omissions insurance policy is one that commences no later than the cancellation date of the previous errors and omissions insurance policy. (2) A debt buyer whose license has been cancelled may obtain a debt buyer license in Oregon by submitting a new application. Statutory/Other Authority: 2017 Or Laws ch 625 §§ 8, 13, 15 Statutes/Other Implemented: 2017 Or Laws ch 625 §§ 4 - 10 History: FSR 4-2018, adopt filed 04/23/2018, effective 04/24/2018 FSR 11-2017, temporary adopt filed 10/27/2017, effective 10/27/2017 through 04/24/2018
441-820-0100 Director Supervision (1) The director has general supervision and control over debt buyers in Oregon, whether or not the person has obtained a license, had a license withdrawn, canceled, suspended, conditioned or revoked. (2) (a) At any time, the director may examine the books, accounts, papers, records, files, correspondence, contracts and agreements, memoranda, disclosures, documents and other information of a buyer in Oregon, whether or not the person has obtained a license, had a license withdrawn, canceled, suspended, conditioned or revoked. (b) Materials received by the director as a part of an examination or enforcement action are subject to ORS 705.137. (3) The director may investigate, in-state or out-of-state licensees and: (a) Require a person to submit a statement concerning the subject of the investigation in writing under oath; (b) Compel witnesses, take evidence, require the production of books, accounts, papers, records, files, correspondence, contracts and agreements, memoranda, documents and other information, material or evidence the director deems relevant or material to the examination, investigation, or proceeding; (c) Interview and preserve testimony concerning licensee or person’s business practices and operations. Statutory/Other Authority: 2017 Or Laws ch 625 §§ 8, 13, 15 Statutes/Other Implemented: 2017 Or Laws ch 625 §§ 4 - 10 History: FSR 4-2018, adopt filed 04/23/2018, effective 04/24/2018 FSR 11-2017, temporary adopt filed 10/27/2017, effective 10/27/2017 through 04/24/2018