ORS 697.718
Liability for consumer’s ascertainable loss

  • limitation on time to commence action

(1)

A debt management service provider or a person required to obtain a registration as a debt management service provider under ORS 697.612 (Registration requirement) is liable to a consumer who suffers an ascertainable loss of money or property, real or personal, in connection with the debt management service provider’s or person’s violation of a provision of ORS 697.652 (Written agreement and budget analysis requirement), 697.662 (Prohibited practices), 697.682 (Trust accounts for client funds), 697.692 (Fees) or 697.707 (Required disclosures).

(2)

Except as provided in this subsection, an action or suit may not be commenced under this section more than three years after the date on which the debt management service provider or person enters into an agreement for a debt management service with the consumer that suffered the ascertainable loss of money or property or more than three years after the debt management service provider or person performs a debt management service that violates ORS 697.652 (Written agreement and budget analysis requirement). An action under this section may be commenced within three years after the transaction that is the subject of the action or within two years after the facts on which the action is based were or should have been discovered, but an action may not be commenced more than five years after the transaction. Failure to commence an action on a timely basis is an affirmative defense.

(3)

A consumer that has a right of action against a debt management service provider under this section has a right of action against the bond required under ORS 697.642 (Bond requirement).

(4)

A court may award reasonable attorney fees to the prevailing party in an action brought under this section. [2009 c.604 §20]

Source: Section 697.718 — Liability for consumer’s ascertainable loss; limitation on time to commence action, https://www.­oregonlegislature.­gov/bills_laws/ors/ors697.­html.

697.005
Definitions for ORS 697.005 to 697.095 697.015
Registration requirement 697.031
Registration procedure 697.039
Revocation, suspension or refusal to issue or renew registration 697.045
Status of accounts and claims assigned to agency 697.053
Registration exclusive regulation 697.058
Agency records 697.063
Status of business records and bank accounts following revocation of registration 697.085
Rules 697.086
Rules for collection of child support payments 697.087
Injunction 697.091
Fees or compensation received in violation of law 697.093
Enforcement 697.094
Orders issued under ORS 697.093 697.095
Civil penalties 697.105
Fee for collection of debt owed public body 697.107
Prohibition on use of public agency or public official seal or letterhead 697.115
Fee for collection of commercial debt 697.500
Definitions for ORS 697.500 to 697.555 697.502
Exemptions from licensing and record-keeping requirements 697.504
Licensing requirement 697.510
License application form and contents 697.512
Application fee and investigation fee 697.514
Application review and license issuance 697.520
Prohibited practices 697.522
Receipt 697.524
Endorsement and deposit of payment instruments 697.526
Notice of fees and charges 697.528
Records 697.530
Prohibited conduct 697.540
Suspension or revocation of license 697.542
Powers of director 697.550
Rules 697.555
Civil penalties 697.602
Definitions for ORS 697.602 to 697.842 697.612
Registration requirement 697.632
Registration procedure 697.642
Bond requirement 697.652
Written agreement and budget analysis requirement 697.662
Prohibited practices 697.672
Requirement to make, keep and maintain records 697.682
Trust accounts for client funds 697.692
Fees 697.702
Interference with records of debt management service provider 697.707
Required disclosures 697.718
Liability for consumer’s ascertainable loss 697.722
Execution or attachment of trust account funds 697.732
Examinations 697.752
Grounds for denial, revocation or suspension of registration 697.762
Enjoining violations 697.822
Remedy not exclusive 697.825
Enforcement 697.832
Civil penalties 697.840
Rules 697.842
Disposition of moneys received by director 697.990
Penalties 697.992
Jurisdiction of courts
Green check means up to date. Up to date

Current through early 2024

§ 697.718’s source at oregon​.gov