justicedao/ipfs_state_laws huggingface dataset:
441-820-0110 Licensee Responsibilities (1)(a) Licensees must either designate and maintain a principal place of business in Oregon or designate a registered agent available to receive notice, demand, or service of process on behalf of licensee. (b) If a licensee has not notified the director of its registered agent, the director is the licensee’s registered agent. (2) Licensees must maintain an errors and omissions insurance policy from an insurer authorized to transact insurance in this state or from any other insurer approved by the director at all times. (3) Licensees must establish and periodically update due to changes in law or industry best practices, standards regarding: (a) Processes for receiving and responding to complaints and resolving disputes; (b) (A) Processes for storing consumer’s personal information securely and in compliance with ORS 646A.600 through 646A.628. (B) A process for promptly reporting breaches as required by ORS 646A.604. (c) Policies and processes for ensuring accuracy, fairness, and privacy of information in accordance with the Fair Credit Reporting Act, Regulation V; (d) Policies and processes for withdrawing or dismissing legal actions that are barred by the statute of limitations; (e) Policies and processes for ensuring accurate and truthful affidavits; (f) (A) Policies and processes for establishing a continuous chain of title for a debt from original creditor to current owner, and which comply with ORS 646.639(4) and sections 1-3 of the 2017 Oregon Laws Ch. 625. The polices and procedures must require a copy of the signed contract, judgement, or other account level document creating the debt and establishing any right to additional fees upon default. (B) At a minimum, policies must address acquiring sufficient information about debt and debtor to accurately identify: (i) The debtor; (ii) The original creditor at charge off; (iii) The balance due on the debt on the date on which the debt was charged off; (iv) The amount and rate of interest and any fees and charges that the original creditor imposed under the original contract, if the debt buyer knows the amount, rate, fee or charge; (v) The amount and rate of interest, any fees and charges that the debt buyer or any previous buyer of the debt imposed; (vi) A copy of each document evidencing the transfer or sale of the debt. (4) Licensees must establish and periodically update due to changes in law or industry best practices, training for employees and contractors involved in debt collection or customer dispute resolution activities. (a) Training must address ORS 646.639 and the Fair Debt Collection Practice Act (15 U.S.C. §1692 et seq.); (b) Compliance with Sections 1-3 of 2017 Oregon Laws Ch. 625. 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
441-820-0120 Display of NMLS number (1) A debt buyer licensed under these rules must display its NMLS number on: (a) All advertising materials; (b) Written communications, or communications that are otherwise reduced to writing, with debtors and otherwise used in the licensee’s business; (c) Promotions; and (d) Websites and social media. (2) The NMLS number must be displayed in a reasonable location and font size. 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
441-820-0140 Examination Charges Debt Buyers Pay to the Director (1) In addition to the initial application and renewal fees assessed under OAR 441-820-0070, licensees shall pay an examination charge in the amount of $75 an hour for each person used in performance of the examination. (2) Examination charges shall be paid upon receipt of the invoice of examination fees. (3) In addition to fees assessed under subsection (1) of this rule: (a) If an employee of the Department is required to travel out of state to perform an examination or investigation, the licensee may be charged $75 per hour plus costs for travel and subsistence for each such person; (b) If the Department elects to retain, by contract, a consultant in order to preform an examination or investigation the charge payable by the licensee is the actual cost to the director of the contract consultant. 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
441-820-0150 Records All debt buyers shall maintain and preserve records concerning business operations, transactions, and customer complaints and responses for no less than 4 years after the last action on any consumer account. 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
441-820-0160 Prohibited actions (1) A debt buyer may not perform any act, undertake any practice or employ any device, scheme or artifice in the course of the licensee’s or the person’s business that is dishonest, unethical or illegal or that would operate as a deceit or fraud upon any person. (2) A debt buyer may not fail to maintain errors and omissions insurance; (3) A debt buyer may not fail to comply with policies and procedures to ensure accurate and complete information regarding debts and debtors. (4) A debt buyer may not knowingly make, in an application, or renewal, or otherwise, an untrue statement of a material fact or omit to state a material fact that is necessary in order to make a statement true or not misleading in light of the circumstances under which the licensee or person makes the statement. (5) A debt buyer may not violate the following laws and regulations as they apply to the licensee’s or person’s debt buying activities: (a) The Fair Credit Reporting Act (15 U.S.C. § 1681); (b) The Telemarketing Sales Rule (16 CFR 310); (c) Federal identity theft provisions ( Pub. L. 106-102, 113 Stat. 1338) or state identity theft provisions under ORS 646A.600 through 646A.628. 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
441-820-0170 Enforcement related to Unlawful Debt Collection Practices (1) If the director has reasonable cause to believe, or determines after an investigation that a person engaged in debt buying may have violated ORS 646.639, the director will notify the Oregon Department of Justice. The director may include in the notification information which contributed to the determination. (2) If the Department of Justice does not respond to the notification within 45 days, or responds that it is electing not to undertake an enforcement action, the director may commence an action to enforce the unlawful collection practices. 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
441-820-0180 Penalties If the director finds a person has violated 646.639, sections 1-3 of 2017 Oregon Laws Ch. 625, any rule or order of the director issued under 646.639 or sections1-3 of 2017 Oregon Laws Ch. 625 or another applicable law, the director may in accordance with ORS 183: (1) Issue a cease and desist order; (2) Suspend, condition, revoke or deny a license or renewal; (3) Order disgorgement of all payments received in the course of or as a result of the violation; (4) Impose civil penalties of up to $5,000 per violation; (a) When assessing a penalty, the director will note any aggravating or mitigating factors including but not limited to the severity of the violation, consumer harm, intent, and efforts made by the person to remedy or mitigate the violation. (b) The maximum penalty for continuous violation is $20,000. 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
441-840-0010 Definitions as Used in OAR 441-840-0010 to 441-840-0090 Unless a term is specifically defined elsewhere in these rules or the context otherwise requires, the definitions of ORS 646A.593(1) are hereby incorporated by reference and made part of these rules. Statutory/Other Authority: ORS 646A.593(8) Statutes/Other Implemented: ORS 646A.593 History: FSR 3-2024, adopt filed 05/21/2024, effective 05/28/2024 FSR 3-2023, temporary adopt filed 11/29/2023, effective 12/01/2023 through 05/28/2024
441-840-0020 Registration Requirements (1) To register with the department for purposes of ORS 646A.593, a data broker shall: (a) Pay the fees prescribed under OAR 441-840-0050; and (b) Submit to the director electronically: (A) The name and any assumed business name of the data broker; (B) The street address and mailing address of the data broker; (C) The name and address of the data broker’s registered agent in Oregon; (D) The main telephone number of the data broker; (E) The data broker’s primary website; (F) The name, phone number and electronic mail address of contact person(s); and (G) A declaration in which the data broker: (i) States whether resident individuals may opt out of all or a portion of the data broker’s collection, sale or licensing of the resident individuals’ brokered personal data; (ii) Identifies which of the data broker’s activities of collecting, selling or licensing brokered personal data a resident individual may opt out of or which portion of the resident individual’s brokered personal data the resident individual may opt out of providing or permitting the data broker to collect, sell or license; (iii) Describes the method by which a resident individual may exercise the choices described in subparagraphs (i) and (ii) of this paragraph; and (iv) States whether a resident individual may authorize another person to exercise the choice described in subparagraph (i) of this paragraph on the resident individual’s behalf and, if so, how to do so. (c) Transmit to the director any information or documentation required to be submitted in connection with an application that cannot be filed electronically in a form and manner approved by the director. (2) A data broker shall file electronically, in a form and manner approved by the director, all information and documentation submitted to the director pursuant to OAR 441-840-0020(1). If a data broker is unable to file any such information or documentation electronically, the data broker shall transmit such information or documentation in a form and manner approved by the director. (3) A data broker’s registration may be terminated or suspended for any violation of OAR 441-840-0020(1). (4) A registration under this rule is not valid until the registration is approved by the department. (5) Except as provided in OAR 441-840-0020(6), a registration under this rule is valid until the end of the calendar year in which the department approves the registration. (6) A registration under this rule that is approved by the department after November 1 is valid until December 31 of the following year. Statutory/Other Authority: ORS 646A.593(8) Statutes/Other Implemented: ORS 646A.593(2) - 646A.593(4) History: FSR 3-2025, minor correction filed 03/12/2025, effective 03/12/2025 FSR 3-2024, adopt filed 05/21/2024, effective 05/28/2024 FSR 3-2023, temporary adopt filed 11/29/2023, effective 12/01/2023 through 05/28/2024
441-840-0030 Deficiencies in Data Broker Registration or Registration Renewal (1) A registration or registration renewal under this rule will not be approved if the information and documentation submitted under OAR 441-840-0020(1) or OAR 441-840-0040 is incomplete, inaccurate, or otherwise deficient in any material respect. (2) If a data broker submits any information or documentation under OAR 441-840-0020(1) or OAR 441-840-0040 that is incomplete, inaccurate, or otherwise deficient in any material respect, the director will notify the data broker of any such deficiencies by email. If the data broker fails to resolve the deficiencies within 30 days after the date on which the email notice was sent: (a) The registration will be considered abandoned; (b) The registration will not be approved; and (c) Any fees paid by the data broker under OAR 441-840-0050 will be forfeit and will not be refunded or otherwise credited to the data broker. (3) The failure of a data broker registered under this rule to maintain an active registration to do business in the state of Oregon is a continuing violation for which civil penalties may be imposed under ORS 646A.593(7). (4) The director may suspend the registration of a data broker for failure of a data broker registered under this rule to maintain an active registration to do business in the state of Oregon. The procedure for suspension of the registration under this rule is as follows: (a) The director shall notify the data broker that the business registration in the state of Oregon is not active. This notice may be sent by email to the email address of the company’s contact person. (b) If the business registration is not active in the state of Oregon within 30 calendar days after sending the notice in subsection (a) of this rule, the director shall suspend the registration of the data broker. (c) A data broker whose registration has been suspended under this rule may reinstate the registration by obtaining an active business registration with the state of Oregon and submitting a written request for reinstatement to the director at any time prior to December 31 of the year the registration was suspended. If the data broker has an active business registration with the state of Oregon and the registration would still be active but for the suspension, the director will reinstate the registration as of the date the written request was received by the director. (d) If the data broker does not file a written request to reinstate the registration as of December 31, the registration will expire and the data broker will have to apply for a new registration in Oregon by submitting a new application. Statutory/Other Authority: ORS 646A.593(8) Statutes/Other Implemented: ORS 646A.593(2) - 646A.593(4) History: FSR 3-2024, adopt filed 05/21/2024, effective 05/28/2024 FSR 3-2023, temporary adopt filed 11/29/2023, effective 12/01/2023 through 05/28/2024
441-840-0040 Renewal of Data Broker Registration (1) To renew a valid registration under this rule, a data broker shall, at least 30 days before the expiration of the registration: (a) Pay the fees prescribed under OAR 441-840-0050; and (b) Submit to the director in the manner specified in OAR 441-840-0020(2): (A) A declaration in which the data broker attests that the information and documentation submitted by the data broker under OAR 441-840-0020, as modified by any information and documentation submitted by the data broker under OAR 441-840-0070, is true and correct in all material respects; or (B) All information and documentation required under OAR 441-840-0020(1). (2) The approval of a registration renewed in accordance with this rule shall be effective immediately upon the expiration of the registration that is the subject of the renewal. (3) A data broker’s registration may be terminated or suspended for any violation of OAR 441-840-0040(1). Statutory/Other Authority: ORS 646A.593(8) Statutes/Other Implemented: ORS 646A.593(2) - 646A.593(4) History: FSR 3-2024, adopt filed 05/21/2024, effective 05/28/2024 FSR 3-2023, temporary adopt filed 11/29/2023, effective 12/01/2023 through 05/28/2024
441-840-0050 Fees Payable to the Director (1) A data broker shall pay to the director the following fees at the time of registration or renewal of registration: (a) A nonrefundable application or renewal fee of $600. (b) An additional fee of $50 will be assessed for any renewals submitted after December 31 and prior to March 1. (2) A data broker shall pay the fees in a form and manner approved by the director. Statutory/Other Authority: ORS 646A.593(8) Statutes/Other Implemented: ORS 646A.593(3)(b) History: FSR 3-2024, adopt filed 05/21/2024, effective 05/28/2024 FSR 3-2023, temporary adopt filed 11/29/2023, effective 12/01/2023 through 05/28/2024
441-840-0060 Rules for Use of an Assumed Business Name (1) In addition to any requirements for registering an assumed business name with the Secretary of State, a data broker who intends to use an assumed business name to identify the person’s data broker business shall also comply with the following before doing business under the assumed business name: (a) If the assumed business name contains words or phrases described in ORS 56.023, the data broker must obtain specific written approval from the director under ORS 705.635 and OAR 441-005-0010. (b) The data broker must list the name as any other assumed or doing business as names in the application. (2) Regardless of the lack of any ownership interest in the assumed business name, the data broker is responsible for all actions of those acting under the assumed business name which relate to brokering data. Statutory/Other Authority: ORS 646A.593(8) Statutes/Other Implemented: ORS 646A.593(2) - 646A.593(4) History: FSR 3-2024, adopt filed 05/21/2024, effective 05/28/2024 FSR 3-2023, temporary adopt filed 11/29/2023, effective 12/01/2023 through 05/28/2024
441-840-0070 Disclosure of Significant Developments (1) A data broker shall disclose to the director of any breach of security as required in ORS 646A.604 within 45 days of any such breach. (2) A registered data broker shall notify the director within 45 days following: (a) Any changes in the information required on the data broker under OAR 441-840-0020 or OAR 441-840-0040; (b) Any other material changes to information submitted in registration application under OAR 441-840-0020 or OAR 441-840-0040. (c) Any change in assumed business name registered with Secretary of State. (3) A data broker’s registration may be terminated or suspended for any violation of OAR 441-840-0070(2). Statutory/Other Authority: ORS 646A.593(8) & 646A.626 Statutes/Other Implemented: ORS 646A.593(2) - 646A.593(4) & 646A.604(3) History: FSR 3-2024, adopt filed 05/21/2024, effective 05/28/2024 FSR 3-2023, temporary adopt filed 11/29/2023, effective 12/01/2023 through 05/28/2024
441-840-0080 Investigation by Director (1) The director may make such inquiries and conduct such investigations as the director deems necessary to determine whether a data broker has violated or is violating any requirement under ORS 646A.593 or any of the rules set forth in OAR 441-840-0010 to 441-840-0090. (2) In connection with any inquiry or investigation described in section (1) of this rule, the director may address any proper inquiry to a data broker that is registered or required to be registered under ORS 646A.593 in relation to the data broker’s collection, sale, or licensing of brokered personal data within this state or the data broker’s compliance with any requirement under ORS 646A.593 or any of the rules set forth in OAR 441-840-0010 to 441-840-0090. (3) Any data broker to whom an inquiry is addressed under section (2) of this rule shall promptly and truthfully respond to such inquiry. Statutory/Other Authority: ORS 646A.593(8) Statutes/Other Implemented: ORS 646A.593(1) - 646A.593(8) History: FSR 3-2024, adopt filed 05/21/2024, effective 05/28/2024 FSR 3-2023, temporary adopt filed 11/29/2023, effective 12/01/2023 through 05/28/2024
441-840-0090 Termination or Suspension of Data Broker Registration A data broker’s registration may be terminated or suspended for any violation of the rules set forth in OAR 441-840-0010 to 441-840-0090. Statutory/Other Authority: ORS 646A.593(8) Statutes/Other Implemented: ORS 646A.593(2) - 646A.593(4) History: FSR 3-2024, adopt filed 05/21/2024, effective 05/28/2024 FSR 3-2023, temporary adopt filed 11/29/2023, effective 12/01/2023 through 05/28/2024
441-850-0015 Waiver by Director The Director may, either upon request or upon the Director’s motion, waive or modify the application of any particular rule to a particular person when, in the Director’s opinion, just and reasonable cause exists for such action and the waiving or modifying of such a rule would not be contrary to the provisions of ORS 86A.100 through 86A.172 Statutory/Other Authority: ORS 86A.136 Statutes/Other Implemented: ORS 86A.136 History: FCS 3-1993, f. & cert. ef. 11-15-93
441-850-0035 Records and Reports Retention Period (1) All books and records required under the provisions of ORS 86A.095 through 86A.242 and OAR chapter 441, divisions 850 to 885 shall be maintained for a five year period beginning from the date of a residential mortgage loan is closed, denied or withdrawn: (a) At the principal place of business as designated by the mortgage banker or mortgage broker; (b) At the branch office of the mortgage banker or mortgage broker if the mortgage banker or mortgage broker provides notice to the director; or (c) At a remote storage location if the file is more than six months old, the mortgage broker or banker provides notice to the director, and the mortgage broker or banker institutes an archiving system which provides for identification of the off site file drawer, box or storage container and exact location. (2) An electronically produced or microphotographic duplicate of each document may be substituted for the original document at any time. Statutory/Other Authority: ORS 86A.112 Statutes/Other Implemented: ORS 86A.112 History: FCS 5-2014, f. 9-18-14, cert. ef. 1-1-15 FCS 14-2009, f. 12-30-09, cert. ef. 1-4-10 FCS 1-1996, f. 11-20-96, cert. 12-1-96 FCS 11-1994, f. 11-4-94, cert. ef. 11-15-94 FCS 3-1993, f. & cert. ef. 11-15-93
441-850-0042 Contents of Foreclosure Notices The sender of a notice form required by 2008 Or Laws, ch. 19, § 20 and as amended by 2009 Or Laws ch.864, § 1 (Enrolled Senate Bill 628) must enter in the form and format adopted by this rule: (1) The statewide telephone contact number for handling consumer queries as 800-SAFENET (800-723-3638) (2) The telephone number of the Oregon State Bar’s Lawyer Referral Service as 503-684-3763; (3) The Oregon State Bar’s Lawyer Referral Service toll-free number as 800-452-7636; (4) The website address of the Oregon State Bar as http://www.osbar.org; (5) The website address for the organization providing more information and a directory of legal aid programs as http://www.oregonlawhelp.org (6) The toll-free consumer mortgage foreclosure information number as 800-SAFENET (800-723-3638); and (7) Information on federal loan modification programs as http://www.makinghomeaffordable.gov/. Statutory/Other Authority: ORS 86.737 Statutes/Other Implemented: ORS 86.737 History: FCS 13-2011(Temp), f. & cert. ef. 12-15-11 thru 6-12-12 FCS 9-2008, f. 10-15-08, cert. ef. 10-16-08; FCS 6-2009(Temp), f. 8-21-09 thru 2-17-10; FCS 11-2009, f. 12-2-09, cert. ef. 12-7-09
441-850-0045 Displaying mortgage lender licensing information For licenses issued or renewed through Nationwide Multistate Licensing System (NMLS) for periods on or after January 1, 2020, licensees can meet the requirements of ORS 86A.166 by posting a form provided by the Department of Consumer and Business Services completed with current and valid NMLS licensing information. Statutory/Other Authority: ORS 86A.136 Statutes/Other Implemented: ORS 86A.166 History: FSR 16-2019, adopt filed 12/16/2019, effective 01/01/2020