reglab/housing_qa huggingface dataset:
OR Rev Stat § 646A.664 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 646A - Trade Regulation|Section 646A.664 - Enforcement actions; penalties.

(1) If after conducting an investigation, initiating or conducting a proceeding or taking an enforcement action under ORS 646A.661 the Director of the Department of Consumer and Business Services determines that a licensee or a person that engages in debt buying in this state has violated ORS 646.639 or ORS 646A.640 to 646A.673 and 646A.670, a rule the director adopted or an order the director issued under ORS 646.639 or ORS 646A.640 to 646A.673 and 646A.670 or another applicable law, the director may: (a) Order the licensee or the person to cease and desist from any act that constitutes the violation. (b) Suspend, condition or revoke a licensee’s license or deny an application to obtain or renew a license under ORS 646A.646. (c) Impose a civil penalty of not more than $5,000 for each violation after considering the severity of the violation, the intent of the licensee or person and any efforts the licensee or person made to remedy or mitigate the effects of the violation. (d) Order the licensee or the person to disgorge and return all payments the licensee or person obtained from a debtor or another person in the course of or as a result of the violation. (2) The director shall undertake an action described in this section in accordance with ORS chapter 183 and shall impose any civil penalty in accordance with ORS 183.745. (3) Each instance in which the director determines a violation has occurred is a separate violation, and each day in which a person engages in a continuous violation is a separate violation. The director may not impose a penalty that exceeds $20,000 for a continuous violation. (4) If the Department of Justice and the Department of Consumer and Business Services cooperate in an enforcement action under ORS 646A.661 that results in a civil penalty, the Attorney General and the director shall agree as to which of the two departments will impose the civil penalty. (5) The director shall deposit any amount the director receives under this section to the Consumer and Business Services Fund as provided in ORS 705.145. [2017 c.625 §11]
OR Rev Stat § 646A.667 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 646A - Trade Regulation|Section 646A.667 - Preemption.

(1) Except as provided in subsection (2) of this section, the provisions of ORS 646A.640 to 646A.673 and 646A.670 preempt all charter and statutory authority of local governments in this state to require a debt buyer or a person that engages in debt buying to obtain a license, registration or other authority to engage in debt buying or to charge a fee for a license, registration or other authority to engage in debt buying. (2) Subsection (1) of this section does not affect the authority of a local government in this state to: (a) Charge and collect from all businesses that operate within the local government’s jurisdiction a general and nondiscriminatory fee for a license, registration or other authority to conduct business; or (b) Levy a tax on the revenue, property or operations of the business within the local government’s jurisdiction. [2017 c.625 §12]
OR Rev Stat § 646A.670 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 646A - Trade Regulation|Section 646A.670 - Legal action to collect debt; requirements for pleadings; judgments; attorney fees.

(1) A debt buyer that brings legal action to collect or brings legal action to attempt to collect purchased debt, or a debt collector that brings legal action on the debt buyer’s behalf, shall include in an initial pleading that begins the legal action: (a) The original creditor’s name, written as the original creditor used the name in dealings with the debtor; (b) The name, address and telephone number of the person that owns the debt and a statement as to whether the person is a debt buyer; (c) The last four digits of the original creditor’s account number for the debt, if the original creditor’s account number for the debt had four or more digits; (d) A detailed and itemized statement that shows: (A) The amount the debtor last paid on the debt, if the debtor made a payment, and the date of the payment; (B) The amount and date of the debtor’s last payment on the debt before the debtor defaulted or before the debt became charged-off debt, if the debtor made a payment; (C) The balance due on the debt on the date on which the debt became charged-off debt; (D) The amount and rate of interest, any fees and any charges that the original creditor imposed, if the debt buyer or debt collector knows the amount, rate, fee or charge; (E) The amount and rate of interest, any fees and any charges that the debt buyer or any previous owner of the debt imposed, if the debt buyer or debt collector knows the amount, rate, fee or charge; (F) The attorney fees the debt buyer or debt collector seeks, if the debt buyer or debt collector expects to recover attorney fees; and (G) Any other fee, cost or charge the debt buyer seeks to recover; and (e) The date on which the debt buyer purchased the debt. (2)(a) A court may not enter a judgment for a debt buyer or debt collector that has not complied with the requirements set forth in this section. (b) If a court grants a judgment for a debt buyer or debt collector that does not comply with the requirements set forth in this section, the debtor in a motion under ORCP 71 may petition the court for relief from the judgment or the court may grant relief on the court’s own motion. (3) A debt buyer or debt collector may obtain attorney fees in a legal action to collect or attempt to collect a debt only if: (a) The debt buyer or debt collector prevails in the legal action; and (b) The contract or writing described in ORS 646.639 (4)(b) provides that the creditor may obtain attorney fees from the debtor in a legal action to collect or attempt to collect the debt or another provision of law allows an award of attorney fees to the debt buyer or debt collector. (4) A debt buyer or a debt collector that acts on the debt buyer’s behalf shall provide to a debtor all of the documents described in ORS 646.639 (4)(b) within 30 days after receiving a request for information about the debt from the debtor. [2017 c.625 §1]
OR Rev Stat § 646A.673 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 646A - Trade Regulation|Section 646A.673 - Rules.

The Director of the Department of Consumer and Business Services may adopt rules to implement the provisions of ORS 646.639 (4), 646A.640 to 646A.673 and 646A.670. [2017 c.625 §13]
OR Rev Stat § 646A.680 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 646A - Trade Regulation|Section 646A.680 - Legislative intent.

The legislative intent of ORS 646A.683 is to improve public health and safety by taking steps to address the spiraling health care costs for residents of this state. [2019 c.436 §1]
OR Rev Stat § 646A.686 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 646A - Trade Regulation|Section 646A.686 - Short title.

ORS 646A.689 and 646A.692 shall be known and may be cited as the Prescription Drug Price Transparency Act. [2018 c.7 §1]
OR Rev Stat § 646A.692 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 646A - Trade Regulation|Section 646A.692 - Civil penalty.

(1) A manufacturer that fails to report or provide information as required by ORS 646A.689 may be subject to a civil penalty as provided in this section. (2) The Department of Consumer and Business Services shall adopt a schedule of penalties, not to exceed $10,000 per day of violation, based on the severity of each violation. (3) The department shall impose civil penalties under this section as provided in ORS 183.745. (4) The department may remit or mitigate civil penalties under this section upon terms and conditions the department considers proper and consistent with the public health and safety. (5) Civil penalties collected under this section shall be paid over to the State Treasurer and deposited in the General Fund to be made available for general governmental expenses. [2018 c.7 §3]
OR Rev Stat § 646A.695 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 646A - Trade Regulation|Section 646A.695 - Annual fees assessed against drug manufacturers; rules.

(1) The Department of Consumer Business Services shall adopt by rule, in consultation with the Prescription Drug Affordability Board, annual fees to be paid by manufacturers that sell prescription drugs in this state. The fees shall be established in amounts necessary to meet the costs of the department and the board in administering ORS 646A.693 to 646A.695. The fees shall be imposed based on a manufacturer’s share of gross revenue from sales of prescription drugs in this state. (2) Fees collected under this section shall be deposited in the Prescription Drug Affordability Account established in ORS 705.146. [2021 c.598 §3]
OR Rev Stat § 646A.696 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 646A - Trade Regulation|Section 646A.696 - Report to Health Care Cost Growth Target program and Legislative Assembly; contents of report.

No later than December 31 of each year, the Prescription Drug Affordability Board shall report to the Health Care Cost Growth Target program established in ORS 442.386 and to the interim committees of the Legislative Assembly related to health, in the manner provided in ORS 192.245, the following information: (1) Price trends for the list of prescription drugs provided to the board by the Department of Consumer and Business Services under ORS 646A.694 (1); (2) The prescription drugs that were reviewed under ORS 646A.694 (1); and (3) Recommendations, if any, for legislative changes necessary to make prescription drug products more affordable in this state. [2021 c.598 §5]
OR Rev Stat § 646A.697 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 646A - Trade Regulation|Section 646A.697 - Study of market for generic drugs; effect of pricing on insurance premiums; report to Legislative Assembly.

(1) As used in this section, "generic drug" means: (a) A retail drug that is marketed or distributed in accordance with an abbreviated new drug application approved under 21 U.S.C. 355(j); (b) An authorized generic as defined by 42 C.F.R. 447.502; or (c) A drug that entered the market before 1962 that was not originally marketed under a new drug application. (2) The Prescription Drug Affordability Board shall annually conduct a study of the operation of the United States market for generic drugs, both drugs dispensed by pharmacists and drugs administered by physicians, including: (a) The prices of generic drugs on a year-to-year basis; (b) The degree to which generic drug prices affect insurance premiums; (c) Annual changes in health insurance cost-sharing for generic drugs; (d) The potential for and history of generic drug shortages; (e) The degree to which generic drug prices affect annual spending in the state medical assistance program; and (f) Any other topic the board considers relevant to the cost of generic drugs. (3) No later than June 1 of each calendar year, the board shall report to the Legislative Assembly the findings of the board’s study in the manner provided in ORS 192.245. [2021 c.598 §6]
OR Rev Stat § 646A.700 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 646A - Trade Regulation|Section 646A.700 - Short title.

ORS 646A.702 to 646A.720 and 646A.725 to 646A.750 may be cited as the Mortgage Rescue Fraud Protection Act. [2008 c.19 §1]
OR Rev Stat § 646A.702 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 646A - Trade Regulation|Section 646A.702 - Definitions for ORS 646A.702 to 646A.720.

As used in ORS 646A.702 to 646A.720: (1) "Default" means having one or more homeowner obligations in arrears to an extent that a notice of default could properly be recorded against the residence. (2) "Family" means a spouse, domestic partner, parent, stepparent, grandparent, child, stepchild, grandchild, sibling, aunt, uncle, cousin or in-law. (3) "Foreclosure consultant," except as provided in ORS 646A.705, means a person that directly or through association with another makes a solicitation, representation or offer to a homeowner to perform, for or with the intent to receive compensation from or on behalf of the homeowner, a service that the solicitation, representation or offer indicates will accomplish one or more of the following: (a) Prevent, postpone or stop a foreclosure sale. (b) Obtain a forbearance from a beneficiary or mortgagee. (c) Assist the homeowner in exercising a right of redemption. (d) Obtain an extension of the period within which the homeowner may reinstate the homeowner’s obligation. (e) Obtain the waiver of an acceleration clause that is: (A) Contained in a promissory note or contract; and (B) Secured by or contained in a deed of trust for, or mortgage on, a residence in foreclosure or in default. (f) Assist the homeowner in obtaining a loan or advance of funds. (g) Avoid or ameliorate an impairment of the homeowner’s credit resulting from a recorded notice of foreclosure or default. (4) "Foreclosure consulting contract" means an agreement between a foreclosure consultant and a homeowner for the provision of services by a foreclosure consultant in regard to a residence in foreclosure or in default. (5) "Homeowner" means the record owner of a residence. (6) "Residence in foreclosure" means residential real property: (a) Consisting of one to four single-family dwelling units; (b) On which the owner occupies a dwelling unit; and (c) Against which a notice of default has been recorded. [2008 c.19 §2]
OR Rev Stat § 646A.705 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 646A - Trade Regulation|Section 646A.705 - Persons that are not foreclosure consultants.

The following are not foreclosure consultants for purposes of ORS 646A.702 to 646A.720: (1) An individual licensed to practice law in this state, if performing services within an attorney-client relationship. (2) A person that holds or is owed an obligation that is secured by a lien on a residence in foreclosure or default, if performing services in connection with the obligation or lien. (3) A person doing business under authority of an Oregon or federal law regulating banks, trust companies, savings and loan associations, credit unions or insurance companies, or as a licensee under ORS chapter 725, if performing business services within the scope of that authority or license. (4) A subsidiary, affiliate or agent of a person described in subsection (3) of this section, if performing business services within the scope of the person’s authority or license as the person’s subsidiary, affiliate or agent. (5) The judgment creditor of a homeowner, if the creditor’s claim accrued before a notice of sale was sent to the creditor under ORS 86.764. (6) A title insurer authorized to conduct business in Oregon or an insurance producer licensed to conduct business in Oregon, if performing title insurance or settlement services within the scope of that authority or license. (7) A mortgage broker or mortgage lender licensed under ORS 86A.095 to 86A.198 to conduct business in Oregon, if acting within the scope of that license. (8) A real estate licensee under ORS 696.022 or an escrow agent licensed under ORS 696.511, if acting within the scope of that license. (9) A tax-exempt organization that offers counseling or advice to homeowners in foreclosure, if the organization: (a) Is not directly or indirectly related to for-profit lenders or foreclosure purchasers; (b) Does not contract to provide services to or receive services from for-profit lenders or foreclosure purchasers; and (c) Has provided counseling or advice to homeowners for five years or more. (10) A creditors’ committee, trustee or debtor in possession participating in a proceeding under the jurisdiction of the United States Bankruptcy Court. (11) Any person whose employment with regard to a residential real property matter under the jurisdiction of the United States Bankruptcy Court is approved by order of the bankruptcy court. (12) A person that is a member of the homeowner’s family or is owned or controlled by a member of the homeowner’s family. [2008 c.19 §3; 2011 c.9 §83]
OR Rev Stat § 646A.720 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 646A - Trade Regulation|Section 646A.720 - Prohibited acts of foreclosure consultant.

A foreclosure consultant may not: (1) Claim, demand, charge, collect or receive any compensation from a homeowner unless the foreclosure consultant has performed in good faith under the contract: (a) Each service the foreclosure consultant contracted to perform for the homeowner; or (b) Each service to be compensated, prior to the homeowner canceling or breaching the contract. (2) Claim, demand, charge, collect or receive interest or other compensation that exceeds nine percent per year on any services performed, any loan by the foreclosure consultant to the homeowner or any moneys paid or advanced to the homeowner under the foreclosure consulting contract. (3) Take a wage assignment, lien on real or personal property or other security for the payment of compensation. (4) Receive consideration from a third party in connection with services provided by a foreclosure consultant to a homeowner, unless the consideration is first fully disclosed in writing to the homeowner. (5) Directly or indirectly acquire an interest in a residence in foreclosure or default transferred by a homeowner with whom the foreclosure consultant has contracted, including any interest transferred to or through a member of the foreclosure consultant’s family or to or through a subsidiary, affiliate or related entity in which the foreclosure consultant or a member of the foreclosure consultant’s family is a primary member, shareholder or owner. (6) Receive compensation from a third party for facilitating or arranging for entry into an equity conveyance as defined in ORS 646A.725 by a homeowner with whom the foreclosure consultant has contracted. (7) Facilitate or arrange for entry into an equity conveyance as defined in ORS 646A.725 by a homeowner with whom the foreclosure consultant has contracted, if the foreclosure consultant knows or should know that the equity purchaser has failed to comply with ORS 646A.735 (1). (8) Take a power of attorney from a homeowner except for the purpose of obtaining or inspecting documents. (9) Induce or attempt to induce any homeowner to enter into a foreclosure consulting contract that does not comply in all respects with ORS 646A.702 to 646A.720. (10) Directly or by implication make a statement or engage in conduct that is false, deceptive, misleading or likely to cause confusion or misunderstanding regarding a: (a) Foreclosure consultant service; (b) Foreclosure consulting contract; or (c) Residence in foreclosure or default. [2008 c.19 §6]
OR Rev Stat § 646A.730 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 646A - Trade Regulation|Section 646A.730 - Persons that are not equity purchasers.

The following are not equity purchasers for purposes of ORS 646A.725 to 646A.750: (1) A party to a deed in lieu of foreclosure. (2) A creditors’ committee, trustee or debtor in possession participating in a proceeding under the jurisdiction of the United States Bankruptcy Court. (3) Any person whose employment with regard to a residential real property matter under the jurisdiction of the United States Bankruptcy Court is approved by order of the bankruptcy court. (4) A family or living trust in which the equity seller is the beneficiary or a member of the beneficiary. [2008 c.19 §10]
OR Rev Stat § 646A.750 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 646A - Trade Regulation|Section 646A.750 - Rebuttable presumptions; accounting; bona fide purchaser; memorandum of agreement; form.

(1) For purposes of determining whether an equity purchaser has violated ORS 646A.745 (1)(a), there is a rebuttable presumption that: (a) An equity seller has or will have a reasonable ability to pay for a subsequent reconveyance of a residential real property if, on the date the equity seller signs the equity conveyance contract, the monthly payments projected for the equity seller’s primary housing expenses under the contract and monthly payments for regular principal and interest payments on other personal debt do not, in total, exceed 60 percent of the equity seller’s monthly gross income. (b) The equity purchaser has failed to verify that the equity seller has a reasonable ability to pay for a subsequent reconveyance of a property if the equity purchaser has not obtained supporting documents other than a statement by the equity seller of assets, liabilities and income. (2) If a property is resold within 24 months after an equity seller enters into an equity conveyance contract, at the time of making the equity recapture payment to the equity seller under ORS 646A.745 (1)(e), the equity purchaser shall provide the equity seller with a detailed accounting of the basis for the payment amount. The accounting shall include detailed documentation of the amounts subtracted by the equity purchaser from the resale price to determine the amount of the equity recapture payment. (3) A bona fide purchaser that enters into a transaction with an equity seller or equity purchaser receives good title to the property, free and clear of: (a) The rights of the parties to an equity conveyance contract or a memorandum of agreement; or (b) Any cancellation of the equity conveyance contract. (4) ORS 646A.725 to 646A.750 do not impose a duty on a property purchaser, settlement agent, title insurer or title insurance producer regarding the application of the proceeds of a resale of property by an equity purchaser. (5) At the time of presenting an equity conveyance for recording, the equity purchaser shall present a memorandum of agreement for recording in the county where the residential real property is located. The memorandum of agreement must be signed by the equity purchaser and the equity seller, witnessed by a notary public and in substantially the following form: ______________________________________________________________________________ MEMORANDUM OF AGREEMENT DATED: _________ SELLER NAME (print): ____________ PURCHASER NAME (print): ____________ EXPIRATION DATE: _____, unless otherwise extended by written agreement between the parties. LEGAL DESCRIPTION AND PROPERTY ADDRESS: ____________ TERMS OF AGREEMENT: _________ TRUE AND ACTUAL CONSIDERATION IS: ____________ SELLER SIGNATURE: ____________ PURCHASER SIGNATURE: ____________ ______________________________________________________________________________ [2008 c.19 §14]
OR Rev Stat § 646A.755 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 646A - Trade Regulation|Section 646A.755 - Acts not precluded.

ORS 646A.725 to 646A.750 do not preclude an equity seller from: (1) Seeking to have a transfer of interest under an equity conveyance declared to be an equitable mortgage; or (2) Asserting any claim against an equity purchaser for an equitable mortgage. [2008 c.19 §15]