2015 ORS 697.091¹
Fees or compensation received in violation of law
  • disposition

(1) A person who violates 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) shall not charge or receive any fee or compensation on any moneys received or collected while in 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).

(2) A person shall not charge or receive any fee or compensation on any moneys received or collected while operating in accordance with 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) 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 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).

(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. [1995 c.622 §8]

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.