Bill Text: OR HB2826 | 2013 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to debt collection practices.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2826 Detail]

Download: Oregon-2013-HB2826-Amended.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

HA to HB 2826

LC 2006/HB 2826-2

                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2826

  By COMMITTEE ON CONSUMER PROTECTION AND GOVERNMENT EFFICIENCY

                            April 24

  On page 1 of the printed bill, after line 12, insert:
  ' (c) 'Original creditor' means the last entity that extended
credit to a consumer to purchase goods or services, to lease
goods or as a loan of money.'.
  In line 18, after 'name' insert ', written as the original
creditor used the name in dealings with the debtor'.
  In line 19, delete 'creditor's original' and insert ' original
creditor's'.
  On page 2, line 10, after 'name' insert ', written as the
original creditor used the name in dealings with the debtor'.
  In line 12, delete 'creditor's original' and insert ' original
creditor's'.
  In line 27, delete 'creditor's original' and insert ' original
creditor's'.
  In line 34, delete 'that the court has ordered'.
  In line 39, before 'creditor' insert 'original'.
  On page 3, line 42, delete ', in the ordinary course of
business,'.
  On page 4, lines 15 and 16, delete the boldfaced material.
  On page 5, delete lines 33 through 44 and insert:
  ' (3)(a) It is an unlawful collection practice for a debt
collector that is acting as a debt buyer or on behalf of a debt
buyer to:
  ' (A) Bring an action or initiate an arbitration proceeding
against a debtor or otherwise attempt to collect a debt if the
debt collector knows or reasonably should know that an applicable
statute of limitations bars the action, arbitration proceeding or
collection attempt; or
  ' (B) Bring an action or initiate an arbitration proceeding
against a debtor or otherwise attempt to collect a debt without
valid documentation that shows:
  ' (i) The name of the original creditor, written as the
original creditor used the name in dealings with the debtor;
  ' (ii) The name and address of the debtor;
  ' (iii) The original creditor's account number for the debt, as
shown in the original creditor's records;
  ' (iv) A copy of the contract or other writing that the debtor
signed and that is evidence of the original debt;
  ' (v) An itemized accounting of the amount the debt collector
claims that the debtor owes, including all fees and charges; and
  ' (vi) Evidence that the debt collector owns the specific debt
instrument or account that is the subject of the action,
proceeding or collection attempt.
  ' (b) As used in this subsection, 'original creditor' has the
meaning given that term in section 1 of this 2013 Act.'.
  In line 45, delete '(3)' and insert '(4)'.
  On page 6, line 3, delete '(4)' and insert '(5)'.
  In line 12, delete the boldfaced material and delete lines 13
through 19 and insert 'The court may award reasonable attorney
fees and costs at trial and on appeal to a prevailing plaintiff
in an action under this section. The court may award reasonable
attorney fees and costs at trial and on appeal to a prevailing
defendant only if the court finds that the plaintiff did not have
an objectively reasonable basis for bringing the action or
asserting the ground for appeal.'.
  Delete line 23 and insert '(a) The injury occurred; or'.
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