2017 ORS 646A.661¹
Director’s supervisory authority
  • examinations and investigations
  • referral to Attorney General
  • costs of examination or investigation
  • consultation and cooperation with trade association and members of public

(1) The Director of the Department of Consumer and Business Services has general supervisory authority and control over:

(a) Any person that engages in debt buying in this state; and

(b) Any person that had a license that the director withdrew, canceled, suspended, conditioned or revoked, if the person continues to engage in debt buying in this state.

(2)(a) The authority described in subsection (1) of this section includes the authority to examine a licensee or another person described in subsection (1) of this section at any time.

(b) The director may charge and collect from a licensee or a person the director examines under this section the costs the director incurs in conducting the examination.

(3) Books, accounts, papers, records, files, correspondence, contracts and agreements, memoranda, disclosures, documents and other information, material or evidence the director obtains in an examination under this section that concerns a debtor’s personal debt history or identifying information is confidential and subject to the provisions of ORS 705.137 (Information that is confidential or not subject to disclosure).

(4) The director may investigate, in this state or another state, or initiate an administrative proceeding concerning the business activities of a licensee or person that engages in debt buying to determine whether the licensee or person has violated, is violating or is about to violate ORS 646.639 (Unlawful collection practices) (4) or ORS 646A.640 (Definitions) to 646A.673 (Rules) and 646A.670 (Legal action to collect debt) or a rule the director adopted or an order the director issued under ORS 646.639 (Unlawful collection practices) (4) or ORS 646A.640 (Definitions) to 646A.673 (Rules) and 646A.670 (Legal action to collect debt). In the course of the investigation, the director may:

(a) Require the licensee or person to submit a statement concerning the subject of the investigation to the director in writing, under oath or otherwise;

(b) Compel witnesses to attend an investigation or proceeding, take evidence and require the licensee or person to produce books, accounts, papers, records, files, correspondence, contracts and agreements, memoranda, documents and other information, material or evidence the director deems relevant or material to the investigation or proceeding; and

(c) Interview and preserve testimony from a licensee’s or person’s directors, members, officers, managers, partners, controllers, employees, agents and customers, and any independent contractors associated with the licensee or person, concerning the licensee’s or person’s business practices and operations.

(5)(a) If the director has reasonable cause to believe, or determines after an investigation under subsection (4) of this section or after receiving a complaint from a debtor or another person, that a licensee or person that engages in debt buying may have violated ORS 646.639 (Unlawful collection practices), the director shall notify the Attorney General and may refer all of the information the director gathered to the Department of Justice.

(b) If the Attorney General or the Department of Justice do not respond within 45 days after the date of a notice under paragraph (a) of this subsection or decline to undertake an enforcement action, the director may enforce the provisions of ORS 646.639 (Unlawful collection practices).

(c) The Attorney General shall inform the director if the Department of Justice elects to enforce ORS 646.639 (Unlawful collection practices).

(d) This subsection does not preclude:

(A) The Attorney General from representing the director in any action to enforce ORS 646.639 (Unlawful collection practices); or

(B) The Attorney General and the director from sharing information, coordinating efforts or otherwise cooperating or collaborating in actions to enforce ORS 646.639 (Unlawful collection practices).

(6) The director may charge and collect from a licensee or a person the director investigates under this section reasonable costs the director incurs in conducting the investigation, initiating or conducting a proceeding or otherwise enforcing the provisions of ORS 646.639 (Unlawful collection practices) or ORS 646A.640 (Definitions) to 646A.673 (Rules) and 646A.670 (Legal action to collect debt).

(7)(a) The director may consult and cooperate with a national nonprofit trade association that certifies debt buyers according to an industry-recognized standard for properly managing purchased debt. The director may consult and cooperate with the trade association in areas of mutual interest including, but not limited to, determining industry standards and recognizing violations with which the trade association is familiar.

(b) In addition to consulting and cooperating with a trade association as provided in paragraph (a) of this subsection, the director may consult and cooperate with members of the public. [2017 c.625 §10]

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.