ORS 725A.060
Prohibited conduct generally
(1)
A licensee or a person required under ORS 725A.020 (Licensing requirement) to obtain a license may not:(a)
Take from a consumer:(A)
A power of attorney, except a power of attorney to transfer ownership of a motor vehicle at the time the licensee or the person makes a loan secured by a motor vehicle.(B)
A note or promise to pay that does not accurately disclose the actual amount or the term of the loan, the rate of interest charged and the schedule of payments for the loan.(C)
An instrument in which blank spaces remain to be filled in after execution.(D)
An assignment of earnings as payment or as security for a loan. An assignment that violates this subparagraph is unenforceable by the assignee and revocable by the assignor. For purposes of this subparagraph, if the licensee or the person pays money to or on behalf of a consumer in return for a right or claim to all or a portion of the consumer’s unpaid earnings, the licensee or the person has made a loan to the consumer that is secured by an assignment of earnings. This subparagraph does not preclude an employee from authorizing deductions from the employee’s earnings if the authorization is revocable.(b)
Conduct business where liquor or lottery tickets are sold or where gambling devices are located.(c)
Charge a consumer:(A)
More than the actual amount that the vendor or service provider charges the licensee or the person for access to or use of the system described in ORS 725A.090 (Loan tracking and counseling system); or(B)
More than one fee per loan transaction for dishonored checks or insufficient funds, regardless of how many checks or debit agreements the licensee or the person obtains from the consumer for the transaction. The fee may not exceed $20.(d)
Collect a fee for a dishonored check under ORS 30.701 (Actions against maker of dishonored check) or seek or recover statutory damages or attorney fees from a consumer for a dishonored check under ORS 30.701 (Actions against maker of dishonored check). The licensee or the person may recover from the consumer a fee that an unaffiliated financial institution charges to the licensee or the person for each dishonored check. For a dishonored check or insufficient funds, the fees described in this subsection are the only remedy the licensee or the person may pursue and the only fees the licensee or the person may charge.(e)
Make a loan to a consumer who has not fully repaid an outstanding payday loan or title loan. This paragraph does not prohibit a licensee or person from renewing an existing payday loan or title loan as provided in ORS 725A.010 (Definitions) to 725A.092 (Rules) and 725A.990 (Penalties).(2)
The provisions of ORS 725A.010 (Definitions) to 725A.092 (Rules) and 725A.990 (Penalties) do not prevent a licensee or a person required under ORS 725A.020 (Licensing requirement) to obtain a license from recovering amounts associated with collecting a defaulted loan that are authorized by statute or awarded by a court of law. [2010 c.23 §19; 2019 c.188 §1]
Source:
Section 725A.060 — Prohibited conduct generally, https://www.oregonlegislature.gov/bills_laws/ors/ors725A.html.
Up to date