2017 ORS 646A.655¹
Compliance with director’s standards
  • rules

A licensee or a person that engages in debt buying shall comply with standards that the Director of the Department of Consumer and Business Services adopts by rule. The standards, at a minimum, must require the licensee or the person to:

(1) Establish appropriate training programs that instruct employees or agents of the licensee or the person in fair debt collection practices and compliance with ORS 646.639 (Unlawful collection practices) and 646A.670 (Legal action to collect debt) and applicable provisions of ORS 646A.640 (Definitions) to 646A.673 (Rules).

(2) Establish and maintain adequate processes to receive and respond to complaints from debtors and other persons and resolve disputes.

(3) Store personal information, as defined in ORS 646A.602 (Definitions for ORS 646A.600 to 646A.628), securely and in compliance with the requirements of ORS 646A.600 (Short title) to 646A.628 (Allocation of moneys) and promptly provide notice of all breaches of security as provided in ORS 646A.604 (Notice of breach of security).

(4) Ensure the accuracy, fairness and privacy of information the debt buyer or person possesses in accordance with the requirements of the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., and Regulation V, 12 C.F.R. part 1022, both as in effect on January 1, 2018.

(5) Establish and maintain procedures for withdrawing or dismissing any legal action the debt buyer or person brings to collect a debt if ORS 12.080 (Action on certain contracts or liabilities) or another applicable statute of limitations bars the legal action.

(6) Maintain adequate policies and procedures for producing and filing accurate and truthful affidavits.

(7) Maintain adequate policies and procedures for acquiring sufficient information about a debt or debtor to enable the debt buyer or person to establish a continuous chain of title for a debt from the original creditor to the current owner and to otherwise comply with ORS 646.639 (Unlawful collection practices) (4), 646A.640 (Definitions) to 646A.673 (Rules) and 646A.670 (Legal action to collect debt). [2017 c.625 §8]

Law Review Cita­tions

52 WLR 451 (2016)

(formerly 646.315 to 646.375)

Notes of Decisions

Where purchaser fails to provide notice of condi­tion requiring repair, presump­tion does not arise that repair time exceeding 30 business days demonstrates inability of manufacturer to conform vehicle. Pavel v. Winnebago Industries, Inc., 127 Or App 16, 870 P2d 856 (1994)

Repair time exceeding 30 business days as evidence of inability to conform vehicle applies only to presently existing defect. Pavel v. Winnebago Industries, Inc., 127 Or App 16, 870 P2d 856 (1994)

Law Review Cita­tions

19 WLR 329 (1983)

1 Legislative Counsel Committee, CHAPTER 646A—Trade Regulation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors646A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 646A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano646A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.