ORS 697.762¹
Enjoining violations
  • attorney fees
  • damages

(1) If the Director of the Department of Consumer and Business Services determines that a person has engaged in, is engaging in or is about to engage in an act or practice that the director believes is in violation of ORS 697.612 (Registration requirement), 697.642 (Bond requirement) to 697.702 (Interference with records of debt management service provider) or 697.752 (Grounds for denial, revocation or suspension of registration), in addition to actions the director may take under ORS 697.752 (Grounds for denial, revocation or suspension of registration) the director may bring suit in the name of the State of Oregon in a circuit court of this state to enjoin the act or practice. Upon a proper showing, the court shall grant a permanent or temporary injunction or restraining order and may appoint a receiver or conservator for the defendant or the defendant’s assets. The court may not require the director to post a bond. The court may award reasonable attorney fees to the director if the director prevails in an action under this section. The court may award reasonable attorney fees to a defendant if the defendant prevails in an action under this section and the court determines that the director did not have an objectively reasonable basis for asserting the claim or a reasonable basis for appealing an adverse decision of the trial court.

(2) The director may include in a suit authorized by subsection (1) of this section a claim for damages on behalf of a person injured by an act or practice against which the director sought an injunction or restraining order. The court may award appropriate relief to the person if the court finds that enforcing the person’s right by private civil action or suit, whether by class action or otherwise, would be so burdensome or expensive as to be impracticable. [1983 c.17 §18; 1995 c.696 §46; 2005 c.338 §19; 2009 c.604 §15]

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—Cashing Businesses; Debt Management Service Providers, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors697.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 697, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano697.­html (2019) (last ac­cessed May 16, 2020).
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.
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