75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 864
Minority Report
A-Engrossed
Senate Bill 328
Ordered by the Senate February 24
Including Senate Minority Report Amendments dated February 24
Sponsored by nonconcurring members of the Senate Committee on
Consumer Protection and Public Affairs: Senators GEORGE, GIROD
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
{ - Provides that person engages in unlawful practice when in
course of person's business, vocation or occupation person
employs unlawful collection practice. - }
{ + Authorizes Director of Department of Consumer and
Business Services to refuse to issue, renew or revoke
registration of debt collector when collector collects debt
unlawfully. Authorizes director to investigate unlawful debt
collection practices.
Prohibits person who collects debt unlawfully from charging or
receiving fee or compensation while committing unlawful debt
collection practices.
Subjects person who collects debt unlawfully to forfeiture and
civil penalty of not more than $1,000. + }
A BILL FOR AN ACT
Relating to unlawful collection practices; amending ORS 697.039,
697.091, 697.093 and 697.095.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 697.039 is amended to read:
697.039. (1) The Director of the Department of Consumer and
Business Services may refuse to issue or renew or may revoke or
suspend { - any - } { + a + } registration under ORS 697.031
if the director determines that { + a person that is registered
under ORS 697.031 + }:
(a) { - Any information a person - } Files { + false or
untruthful information + } with the director under ORS 697.031
{ - is false or untruthful - } ;
(b) { - A person has - } Violated { - any of the rules - }
{ + a rule + } of the director for registration under ORS
697.031;
(c) { - A person has - } Violated the provisions of ORS
697.045 or 697.058;
{ + (d) Violated a provision of ORS 646.639; + }
{ - (d) - } { + (e) + } { - A person has - } Failed to
maintain in effect the bond or { - an - } irrevocable letter
of credit required under ORS 697.031;
{ - (e) - } { + (f) + } { - A person has - } Died or
{ - become - } { + became + } incapacitated;
{ - (f) - } { + (g) + } { - A person has - } Engaged in
dishonest, fraudulent or illegal practices or conduct in
{ - any - } { + a + } business or profession; or
{ - (g) - } { + (h) + } { - A person has been - } { +
Was + } convicted of a felony or misdemeanor, an essential
element of which is fraud.
(2) A revocation or suspension under this section may be for a
time certain or upon condition that certain acts be performed.
(3) If the director issued an initial order { - of revocation
of - } { + to revoke + } a registration before { - the
expiration of - } the registration { + expired + }, the
director may enter a final order of revocation even though the
registration has expired.
(4) { + The director's + }actions { - of the director - }
under this section are subject to the provisions of ORS chapter
183.
SECTION 2. ORS 697.091 is amended to read:
697.091. (1) A person who violates { - any - } { + a + }
provision of ORS { + 646.639, + } 697.015 or 697.058 or
{ - any - } { + a + } rule adopted under ORS 697.031 or
697.085 { - shall - } { + may + } not charge or receive
{ - any - } { + a + } fee or compensation on { - any - }
moneys received or collected while in violation of { - any - }
{ + a + } provision of ORS { + 646.639, + } 697.015 or 697.058
or { - any - } { + a + } rule adopted under ORS 697.031 or
697.085.
(2) A person { - shall - } { + may + } not charge or
receive { - any - } { + a + } fee or compensation on
{ - any - } moneys received or collected while operating in
accordance with { - any - } { + a + } provision of ORS
697.015 or 697.058 or
{ - any - } { + a + } rule adopted under ORS 697.031 or
697.085 but that is received or collected as a result of the
person's acts as a collection agency or out-of-state collection
agency operating in violation of { - any - } { + a + }
provision of ORS { + 646.639, + } 697.015 or 697.058 or
{ - any - } { + a + } rule adopted under ORS 697.031 or
697.085.
(3) { - All - } Moneys collected or received in violation of
this section shall be immediately returned to the assignors, or
their assigns, of the account on which the moneys were paid.
SECTION 3. ORS 697.093 is amended to read:
697.093. (1) The Director of the Department of Consumer and
Business Services may:
(a) Undertake { - the - } investigations, including
investigations outside this state, that the director considers
necessary to determine whether a person has:
(A) Violated, is violating or is about to violate:
(i) ORS { + 646.639, + } 697.015, 697.031, 697.045, 697.058,
697.091, 697.105 or 697.115;
(ii) A rule adopted under ORS 697.031, 697.085 or 697.086; or
(iii) An order issued under this section;
(B) Filed information under ORS 697.031 that is false or
untruthful; or
(C) Failed to maintain in effect the bond or { - an - }
irrevocable letter of credit required under ORS 697.031.
(b) Require a person to file a statement in writing, under oath
or otherwise, concerning the matter being investigated.
(c) Take evidence from witnesses and compel the attendance of
witnesses and the production of books, papers, correspondence,
memoranda, agreements or other documents or records that the
director considers relevant or material to an investigation or
proceeding.
(d) If the director has reason to believe that a person has:
(A) Violated, is violating or is about to violate ORS { +
646.639, + } 697.015, 697.031, 697.045, 697.058, 697.091, 697.105
or 697.115 or a rule adopted under ORS 697.031, 697.085 or
697.086, issue an order to cease and desist from the violation.
(B) Filed information under ORS 697.031 that is false or
untruthful, issue an order to correct the filing.
(C) Failed to maintain in effect the bond or { - an - }
irrevocable letter of credit required under ORS 697.031, issue an
order to remedy the failure.
(2) The authority conferred by this section is in addition to
and not in lieu of { - any - } other authority conferred on
the director.
SECTION 4. ORS 697.095 is amended to read:
697.095. (1) In addition to any other penalty provided by law,
a person who violates any provision of ORS { + 646.639, + }
697.015 or 697.058 or { - any - } { + a + } rule adopted
under ORS 697.031, 697.085 or 697.086 is subject to forfeiture
and payment of a civil penalty to the Department of Consumer and
Business Services in an amount of not more than $1,000 for each
offense.
(2) Civil penalties under this section shall be imposed as
provided in ORS 183.745.
(3) All penalties recovered shall be deposited in the Consumer
and Business Services Fund created by ORS 705.145.
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