Debt Collection Agencies
Information for Consumers
The Oregon Fair Debt Collection Practices Act gives you similar protections to what you have under the Federal Fair Debt Collection Practices Act (FDCPA). In fact, the two laws are so similar that if a debt collector complies with the Federal law, it is considered to be in compliance with the State law.
Under both laws, a debt collector must follow certain procedures and may not harass you in its attempts to collect the debt. However, even if a debt collector violates the FDCPA, that does not erase any legitimate debt you owe.
A debt collector is someone who attempts to collect a debt you owe to someone else. A debt collector may not misrepresent or falsely imply the amount of the debt or any legal action that can be taken.
A debt collector may contact you between 8:00 a.m. and 9:00 p.m. A debt collector may not continually call your phone or harass you. During a phone call, a debt collector must identify him/herself and may not threaten violence against you or your family or use profane language.
A debt collector cannot contact you at work unless (s)he cannot reach you at home in the evening. A debt collector cannot call you more than one time a week at work and must stop calling you at work if you tell the debt collector not to contact you at work.
Within five days after the first time a debt collector contacts you, the debt collector must send in writing a notice telling you:
- The amount of money you owe;
- The name of the creditor to whom you owe the debt;
- That unless you dispute the validity of the debt, or any part of the debt, within 30 days of the date you receive the notice, the debt will be assumed to be valid;
- That if you notify the debt collector in writing that you dispute all or part of the debt within those 30 days, the debt collector must mail you a copy of a verification that you owe the debt; and
- That if you ask the debt collector, in writing, to provide the name and address of the original creditor, if different from the current creditor, the debt collector must provide you with that information.
If you notify a debt collector in writing that you want the debt collector to stop contacting you or that you are not going to pay the debt, the debt collector must stop contacting you, except to either notify you of potential legal action to collect the debt or to notify you that the debt collector will no longer be trying to collect the debt.
You may have other rights under Oregon and Federal law. Links to the full text of the FDCPA are listed below.
Information for Debt Collection Agencies
In Oregon, debt collectors must register with the Oregon Department of Consumer and Business Services. In addition to the FDCPA, debt collectors must also comply with ORS 697.005 to 697.115 and OAR 441-810-0000 to 441-810-0260.
