reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 810 - GENERAL › Section 441-810-0140 - Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
Civil penalties shall be $400 for the first offense and $1,000
				for each subsequent offense.
Stat. Auth.: ORS 697
Stats. Implemented: ORS
				  697.095
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 810 - GENERAL › Section 441-810-0150 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Fees
			 established for the Program are:
(a) Initial
			 registration, $350;
(b)
			 Registration renewal, $120;
(c)
			 Duplicate registration, $10;
(d)
			 Certification of registration, $5.
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 810 - GENERAL › Section 441-810-0160 - Office and Trust Account Location

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The provisions of ORS
			 697.058(1), (2), (4), and
			 (5) requiring that a registrant maintain an
			 office location and client trust account in this state are waived provided the
			 registrant submits a written request for waiver; and,
(a) Has been registered by the State of
			 Oregon for the two years immediately preceding the request; or
(b) Has been subject to regulation of the
			 registrant's collection agency activities by another state with laws
			 substantially similar to Oregon's Collection Agency Act for at least five years
			 immediately preceding the request.
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 810 - GENERAL › Section 441-810-0200 - Applicability of Rules, Definition

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 OAR 441-810-0200  to 441-810-0250  apply to the practices of a collection agency
			 that enters into an agreement with an obligee to collect child support payments
			 as provided in ORS 25.020.
(2) For the purposes of OAR 441-810-0200  to
			 441-810-0250, the term "debtor" includes the debtor's spouse, parent (if the
			 debtor is a minor), guardian, executor, or administrator.
Stat. Auth.: ORS
				  697.085, Ch. 421, Sec. 4, 2003
				  OL
Stats. Implemented: ORS
				  25.020, Ch. 421, Sec. 4, 2003
				  OL
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 810 - GENERAL › Section 441-810-0210 - Acquisition of Location Information

Current through Register Vol. 63, No. 7, July 1, 2024
Any collection agency communicating with any person other than
				the debtor for the purpose of acquiring location information about the debtor
				shall:
(1) Identify himself, state
			 that he is confirming or correcting location information concerning the debtor,
			 and, only if expressly requested, identify his employer;
(2) Not state that such debtor owes any
			 debt;
(3) Not communicate with any
			 such person more than once unless requested to do so by such person or unless
			 the collection agency reasonably believes that the earlier response of such
			 person is erroneous or incomplete and that such person now has correct or
			 complete location information;
(4)
			 Not communicate by post card;
(5)
			 Not use any language or symbol on any envelope or in the contents of any
			 communication effected by the mails or telegram that indicates that the
			 collection agency is in the debt collection business or that the communication
			 relates to the collection of a debt; and
(6) After the collection agency knows the
			 debtor is represented by an attorney with regard to the subject debt and has
			 knowledge of, or can readily ascertain, such attorney's name and address, not
			 communicate with any person other than that attorney, unless the attorney fails
			 to respond within a reasonable period of time to communication from the
			 collection agency.
Stat. Auth.: ORS
				  697.085, Ch. 421, Sec. 4, 2003
				  OL
Stats. Implemented: ORS
				  25.020, Ch. 421, Sec. 4, 2003
				  OL
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 810 - GENERAL › Section 441-810-0220 - Communication In Connection With Debt Collection

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 810 - GENERAL › Section 441-810-0230 - Harassment or Abuse

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  697.085, Ch. 421, Sec. 4, 2003
				  OL
Stats. Implemented: ORS
				  25.020, Ch. 421, Sec. 4, 2003
				  OL
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 810 - GENERAL › Section 441-810-0240 - False or Misleading Representations

Current through Register Vol. 63, No. 7, July 1, 2024
A collection agency may not use any false, deceptive, or
				misleading representation or means in connection with the collection of any
				debt. Without limiting the general application of the foregoing, the following
				conduct is a violation of this rule:
(1) The false representation or implication
			 that the collection agency is vouched for, bonded by, or affiliated with the
			 United States or any state, including the use of any badge, uniform, or
			 facsimile thereof.
(2) The false
			 representation of:
(a) The character, amount,
			 or legal status of any debt; or
(b)
			 Any services rendered or compensation which may be lawfully received by any
			 collection agency for the collection of a debt.
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 810 - GENERAL › Section 441-810-0250 - Unfair Practices

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 810 - GENERAL › Section 441-810-0260 - Compliance with Fair Debt Collection Practices Act

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  697.085
Stats. Implemented: ORS
				  25.020,
				  697.085, Ch 421 Sec 4, 2003
				  OL
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 820 - DEBT BUYERS › Section 441-820-0010 - Licensing

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 820 - DEBT BUYERS › Section 441-820-0020 - Deficiencies in Debt Buyer License Application

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 820 - DEBT BUYERS › Section 441-820-0030 - Process to Challenge Information Entered into the National Mortgage Licensing System and Registry

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 820 - DEBT BUYERS › Section 441-820-0040 - Application Review

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 820 - DEBT BUYERS › Section 441-820-0050 - Renewal of Debt Buyer License

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 820 - DEBT BUYERS › Section 441-820-0060 - Rules for Use of Assumed Business Names

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 820 - DEBT BUYERS › Section 441-820-0070 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 820 - DEBT BUYERS › Section 441-820-0080 - Errors and Omissions Insurance

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 820 - DEBT BUYERS › Section 441-820-0090 - Cancellation of Debt Buyer License for Failure to Maintain Errors and Omissions Insurance

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 820 - DEBT BUYERS › Section 441-820-0100 - Director Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 820 - DEBT BUYERS › Section 441-820-0110 - Licensee Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 820 - DEBT BUYERS › Section 441-820-0120 - Display of NMLS number

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 820 - DEBT BUYERS › Section 441-820-0130 - Disclosure of Significant Developments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A debt buyer must notify the director
			 within 10 days of the occurrence of any of the following significant
			 developments:
(a) Filing for bankruptcy or
			 reorganization;
(b) A director,
			 member, officer, manager, partner, control person or registered agent becomes
			 subject to an indictment related in any manner to the licensee's
			 activities;
(c) Licensee receives a
			 notice of final order in any state relating to any regulatory action against
			 licensee, licensee's directors, members, officers, managers, partners or
			 control person finding a violation of a law, regulation, or order. As a part of
			 the notification licensee must specify the reasons for the regulatory
			 action;
(d) Any change in assumed
			 business name registered with Secretary of State.
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 820 - DEBT BUYERS › Section 441-820-0140 - Examination Charges Debt Buyers Pay to the Director

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 820 - DEBT BUYERS › Section 441-820-0150 - Records

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 820 - DEBT BUYERS › Section 441-820-0160 - Prohibited actions

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 820 - DEBT BUYERS › Section 441-820-0170 - Enforcement related to Unlawful Debt Collection Practices

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 820 - DEBT BUYERS › Section 441-820-0180 - Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 840 - DATA BROKERS › Section 441-840-0010 - Definitions as Used in OAR 441-840-0010 to 441-840-0090

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 840 - DATA BROKERS › Section 441-840-0020 - Registration Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(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 (a) and
			 (b) of this paragraph; and
(iv)
			 States whether a resident individual may authorize another person to exercise
			 the choice described in subparagraph (a) 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.
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 840 - DATA BROKERS › Section 441-840-0030 - Deficiencies in Data Broker Registration or Registration Renewal

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 840 - DATA BROKERS › Section 441-840-0040 - Renewal of Data Broker Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 840 - DATA BROKERS › Section 441-840-0050 - Fees Payable to the Director

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 840 - DATA BROKERS › Section 441-840-0060 - Rules for Use of an Assumed Business Name

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 840 - DATA BROKERS › Section 441-840-0070 - Disclosure of Significant Developments

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 840 - DATA BROKERS › Section 441-840-0080 - Investigation by Director

Current through Register Vol. 63, No. 7, July 1, 2024
(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)
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 840 - DATA BROKERS › Section 441-840-0090 - Termination or Suspension of Data Broker Registration

Current through Register Vol. 63, No. 7, July 1, 2024
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)
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 850 - MORTGAGE LENDING GENERAL PROVISIONS › Section 441-850-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR chapter 441, divisions 850 to 890, unless the
				context otherwise requires:
(1)
			 "Advertising" means any form of sales or promotional materials used in
			 connection with the mortgage banker or mortgage broker business including, but
			 not limited to, materials that may appear:
(a)
			 In newspapers, magazines, leaflets, flyers, catalogs, direct mail literature,
			 or other printed material;
(b) On
			 radio or television;
(c) On an
			 inside or outside sign or display, or a window display;
(d) In a facsimile;
(e) In point-of-sale literature, price tags,
			 signs, and billboards; or
(f)
			 Online, such as on the internet, email, or via social media.
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 850 - MORTGAGE LENDING GENERAL PROVISIONS › Section 441-850-0015 - Waiver by Director

Current through Register Vol. 63, No. 7, July 1, 2024
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
Stat. Auth.: ORS
				  86A.136
Stats. Implemented: ORS
				  86A.136
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 850 - MORTGAGE LENDING GENERAL PROVISIONS › Section 441-850-0035 - Records and Reports Retention Period

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All books and records required under the
			 provisions of ORS 86A.095 through
			 86A.189 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.
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 850 - MORTGAGE LENDING GENERAL PROVISIONS › Section 441-850-0042 - Contents of Foreclosure Notices

Current through Register Vol. 63, No. 7, July 1, 2024
The sender of a notice form required by ORS
				86.737 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 [File Link Not Available];
(5) The website address for the organization
			 providing more information and a directory of legal aid programs as
			 http://www.oregonlawhelp.org [File Link Not Available]
(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/ [File Link Not
			 Available].
Stat. Auth.: ORS
				  86.737
Stats. Implemented: ORS
				  86.737
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 850 - MORTGAGE LENDING GENERAL PROVISIONS › Section 441-850-0050 - Process to Challenge Information Entered into the National Mortgage Licensing System and Registry

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person
			 applying for a mortgage loan originator license or a person licensed as a
			 mortgage loan originator has standing to challenge information regarding that
			 person submitted to the National Mortgage Licensing System and Registry and
			 transmitted to the director for the approval or denial of a mortgage loan
			 originator license.
(2) Information
			 subject to challenge by a person with standing under section (1) of this rule
			 is limited to information that is factually inaccurate or incomplete.
(3) A challenge of information shall be made
			 to the director in writing and shall include any documentation that supports
			 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 mortgage loan originator license. The director may
			 also notify the Nationwide Mortgage Licensing System and Registry 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.
Stat. Auth.: ORS
				  86A.242
Stats. Implemented: ORS
				  86A.230