2015 ORS 697.087¹
Injunction
  • damages
  • attorney fees
  • limitation on actions

(1) Any person injured as a result of the violation of any provision of ORS 697.015 (Registration requirement) or 697.058 (Agency records) or any rule adopted under ORS 697.031 (Registration procedure) or 697.085 (Rules) may bring an action in an appropriate court to enjoin the practice or to recover actual damages or $200, whichever is greater. The court or the jury may award punitive damages and the court may provide such equitable relief as it deems necessary or proper.

(2) Notwithstanding any other actions provided by law, the Attorney General of the State of Oregon or the prosecuting attorney of any county may bring an action in the name of the state against any person to restrain and prevent violation of any provision of ORS 697.005 (Definitions for ORS 697.005 to 697.095) to 697.095 (Civil penalties).

(3) In any action brought by a person under this section, the court may award, in addition to the relief provided, reasonable attorney fees at trial and on appeal and costs. If the defendant prevails, the court may award reasonable attorney fees at trial and on appeal and costs if it finds the action to be frivolous.

(4) Actions brought under this section shall be commenced within one year from the date the violation occurs. [1995 c.622 §7]

Notes of Decisions

Holder of license issued pursuant to these sec­tions who voluntarily surrenders it to the issuing authority with the inten­tion of abandoning it is in the same posi­tion as a new applicant who seeks the right to engage in the ac­tivity for which the license is re­quired. State ex rel Black v. American Recovery, Ltd., 12 Or App 139, 505 P2d 1166 (1973)

Collec­tion agencies which solicit and collect claims of third parties upon contingent fee basis are not involved in unauthorized practice of law. Messmer v. Carter/Bonded Credit Company, 282 Or 323, 578 P2d 788 (1978)

Atty. Gen. Opinions

Applica­tion to out-of-state businesses whose only contact with Oregon debtors is through telephonic or mail communica­tion, (1980) Vol 40, p 358

Chapter 697

Atty. Gen. Opinions

Duty of merchant using third party letterhead purchased from collec­tion letter service to obtain license, (1972) Vol 36, p 79


1 Legislative Counsel Committee, CHAPTER 697—Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors697.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 697, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano697.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.