2017 ORS 646A.664¹
Enforcement actions
  • penalties

(1) If after conducting an investigation, initiating or conducting a proceeding or taking an enforcement action under ORS 646A.661 (Director’s supervisory authority) 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 (Unlawful collection practices) or ORS 646A.640 (Definitions) to 646A.673 (Rules) and 646A.670 (Legal action to collect debt), a rule the director adopted or an order the director issued under ORS 646.639 (Unlawful collection practices) or ORS 646A.640 (Definitions) to 646A.673 (Rules) and 646A.670 (Legal action to collect debt) 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 (License application).

(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 (Civil penalty procedures).

(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 (Director’s supervisory authority) 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 (Consumer and Business Services Fund). [2017 c.625 §11]

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.