Chapter 697

 

      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

 

      697.005

 

NOTES OF DECISIONS

 

In general

 

      For person to qualify as provider of factoring services, there must be some form of umbrella or ongoing agreement for person to purchase accounts receivable. In re Krysl, 304 B.R. 425 (Bkrtcy. D. Or. 2004), aff’d In re Wilson, 311 B.R. 566 (D. Or. 2004)

 

ATTY. GEN. OPINIONS

 

Under former similar statute (ORS 697.020)

 

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

 

      697.010 to 697.470

 

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

 

      697.015

 

ATTY. GEN. OPINIONS

 

Under former similar statute (ORS 697.030)

 

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

 

      697.030

 

      See annotations under ORS 697.015.

 

      697.612

 

NOTES OF DECISIONS

 

      Failure to register is not “status” such that unregistered debt management services provider can violate this section only once for period of time that registration would have been valid if provider had registered. Violation of this section occurs each time, while unregistered, person “engage[d] in business in this state in the course of which the person [p]erform[ed] a debt management service;” thus, debt management services provider violated this section each time provider held initial paid consultation with new Oregon consumer without having registered with Director of Department of Consumer and Business Services. Persels & Associates, LLC v. DCBS, 286 Or App 315, 398 P3d 428 (2017)