About Consumer Law in Oregon Consumer law is a field of the law that encompasses many different types of cases, including credit reporting problems, auto dealer fraud, unlawful debt collection practices, and other disputes with merchants. The unifying feature of consumer law is a recognition by Congress and the Oregon Legislature that consumers are entitled to the benefits afforded by special consumer protection statutes, such as the federal Fair Credit Reporting Act, and the Oregon Unlawful Trade Practices Act. These statutes serve a two-fold purpose: first to fully compensate consumers for any losses incurred as a result of conduct which violates the law; and second, as a regulatory mechanism, by imposing civil sanctions on merchants that refuse to comply with the law — a principle referred to as the “private attorney general.” These objectives are met by statutes which provide for the recovery of out-of-pocket losses, attorneys fees, and, in appropriate cases, punitive damages. Oregon Consumer Protection Attorneys The Oregon consumer lawyers of the Consumer Litigation Group of Baxter & Baxter, LLP, have a proven track record of getting results for our clients. We are nationally recognized as skilled and zealous litigators on behalf of consumers. We are proud to call ourselves trial lawyers, and we are not afraid to take a case to trial. We have obtained substantial jury verdicts for our clients in credit reporting, debt collection, and unlawful trade practices cases. To talk with an Oregon consumer protection lawyer call (503) 297-9031. To talk with an Portland bankruptcy attorney call (503) 297-9031. To get answers to questions about Oregon bankruptcy or Portland bankruptcy call (503) 297-9031. Disclaimer The information contained at this website is intended for general information and advertisement purposes only. It is not intended as legal advice. If you have not signed a Retainer Agreement with Baxter & Baxter, LLP, this firm does not represent you. You should not assume an attorney-client relationship exists. If you believe you have a legal claim or cause of action, time limits may apply. You should contact an attorney promptly. The attorneys of Baxter & Baxter, LLP, are licensed to practice law in the state of Oregon only. Justin Baxter is licensed to practice law in the state of Washington. Baxter & Baxter, LLP, associates with local counsel in a limited number of cases outside of Oregon and Washington. Contents at a Glance 1. Credit Reporting Problems 2. Unlawful Debt Collection Practices 3. Unlawful Trade Practices 4. Dealing with Identity Theft 5. Ordering Your Free Annual Credit Report 6. New Featured Lenses more… Contents at a Glance 1. Credit Reporting Problems 2. Unlawful Debt Collection Practices 3. Unlawful Trade Practices 4. Dealing with Identity Theft 5. Ordering Your Free Annual Credit Report 6. New Featured Lenses 7. Additional Links 8. Additional Links less… Credit Reporting Problems Good credit is perhaps the most important consumer currency in the new digital age. Paying bills on time, meeting financial obligations, making responsible credit decisions are all keys to developing a positive credit rating. However, all of this hard work can be undone by occurrences out of your control. Worse, it is often a time consuming and frustrating process to clean up your credit once you discover problems. False Credit Reports The exponential rise in the use of consumer credit, and the increase in consumers with complaints about their credit reports has focused much attention and concern on consumer credit reports. The credit reporting industry, including the credit bureaus or credit reporting agencies, the credit grantors, and the credit information providers, are subject to their own federal statute, the Fair Credit Reporting Act. Identity Theft With the advent of Internet e-commerce has come a growing awareness of credit identity theft. However, the fraudulent use of identifying information is not new. Consumers should certainly be very cautious about giving out credit card account numbers and other identifying information over the Web, but there are many other places criminals can obtain information about you. For example, some credit thieves steal mail from mailboxes, including checks sent out to pay bills, as well as credit card applications. Credit thieves can also obtain information from you by going through your garbage, such as bank and credit card statements. Some credit thieves are quite innovative — in Oregon, a department store employee was arrested for using a credit card reader to scan customers’ credit card accounts into her laptop. Credit Reporting Problems In spite of the nightly news coverage of credit identity theft, credit reporting problems can often be much more mundane. For example, a “merged” credit file can occur when two individuals have very similar identifying information. An easy example of a merged file is a father and son with the same first and last name. More often, however, it is not so simple. For example, John A. Smith’s credit accounts (or “tradelines”) may be reported onto John B. Smith’s credit report. Sometimes, there is even less rhyme or reason to these errors. Credit reporting agencies use complex computer algorithms to attempt to match consumers with credit information from many different sources, and errors are not uncommon. Obsolete Credit Information In addition to inaccurate information, certain information which is deemed to be “obsolete” also may not be reported. In general, credit information which is over seven years old is obsolete under the Fair Credit Reporting Act. Bankruptcy can be reported for ten years. Unlawful Debt Collection Practices Unlawful debt collection practices are regulated by a patchwork of state and federal laws. The basic principal of fair debt collection law is that a consumer who does not owe a debt should not be “dunned” with collection calls or letters. Even when a consumer does owe a debt, state and federal law recognize that collectors cannot engage in deceptive, harassing, or unfair debt collection practices. Unlawful debt collection practices often overlap other fields of consumer law, including identity theft, false credit reporting, and elder abuse cases. In general, debt collectors may not engage in the following types of behavior: Debt Collector Harassment A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt, including: (1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. (2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. (3) The publication of a list of consumers who allegedly refuse to pay debts. (4) The advertisement for sale of any debt to coerce payment of the debt. (5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. (6) The placement of telephone calls without meaningful disclosure of the caller’s identity. Debt Collectors using False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt, including: (1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. (2) The false representation of- (A) the character, amount, or legal status of any debt; or (B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. (3) The false representation or implication that any individual is an attorney or that any communication is from an attorney. (4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. (5) The threat to take any action that cannot legally be taken or that is not intended to be taken. (6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to- (A) lose any claim or defense to payment of the debt; or (B) become subject to any practice prohibited by the Fair Debt Collection Practices Act. (7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. (8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. (9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. (10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. (11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. (12) The false representation or implication that accounts have been turned over to innocent purchasers for value. (13) The false representation or implication that documents are legal process. (14) The use of any business, company, or organization name other than the true name of the debt collector’s business, company, or organization. (15) The false representation or implication that documents are not legal process forms or do not require action by the consumer. (16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency. Debt Collectors using Unfair Collection Practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt, including: (1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. (2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector’s intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit. (3) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution. (4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument. (5) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees. (6) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if- (A) there is no present right to possession of the property claimed as collateral through an enforceable security interest; (B) there is no present intention to take possession of the property; or (C) the property is exempt by law from such dispossession or disablement. (7) Communicating with a consumer regarding a debt by post card. (8) Using any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business. Unlawful Trade Practices Consumers can become the victims of bad business practices in any number of ways during the typical purchase of consumer goods and services, such as an automobile. Typical situations include failure to disclose prior damage, misrepresentations about the condition or history of a vehicle, and misrepresentations about the terms of the contracts. The Oregon legislature passed a comprehensive consumer protection statute known as the Unlawful Trade Practices. That law prohibits businesses from making false or misleading statements when they have reason to know that their statements are false. Other laws, like the federal Magnuson Moss Warranty Act give consumers additional rights under their warranties for consumer goods, such as automobiles. The federal Truth in Lending law requires lenders or their representatives to disclose the credit terms of a loan in uniform terms so that a consumer can compare the cost of credit from various sources. Warning! There is no three day right to unwind a car deal in Oregon! Some states allow a consumer to return their car within a certain time period after the purchase. There is no such law in Oregon. Unless a three day unwind provision is written into the contract, a consumer cannot unilaterally return the car without a valid legal basis. Dealing with Identity Theft Identity theft is on the rise. You see it on the evening news. Credit card companies advertise their products and services to prevent ID theft. Friends and family tell you to shred bank statements and bills. Baxter & Baxter, LLP, has compiled some useful information for dealing with the identity theft epidemic from a consumer’s perspective. Determining Whether You’re a Victim The first step is determining whether identity theft has been perpetrated against you. Often, this comes in the form of billing statements or demands for payment by bill collectors. Consumers should also regularly check their credit report for unauthorized activity. Under the Fair and Accurate Credit Transactions Act, you are entitled to a free copy of your credit report each year. While it is possible to access your credit report online, some credit reporting companies require consumers to give up important rights in order to access their credit report through their website. Also, it can be confusing navigating the many links advertising services that you do not necessarily need. A better way is to request it by mail. Consumers can request their free annual credit report by writing to Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281. The request form is available at the annualcreditreport.com website. Stop Ongoing ID Theft Close accounts which you know are being used for fraudulent purposes. These accounts may have been opened by the ID thief, or they may be your legitimate accounts which have been compromised. Cooperate with creditors to ensure that the accounts are not used for further unlawful purchases. Make a Record File a police report in your local jurisdiction and any jurisdictions where fraudulent accounts may have been opened or used. Follow the police department’s procedure to obtain copies of the police report. Fill out fraud affidavits, if requested. Individual creditors may require you to fill out their forms to comply with their internal policies and procedures. Carefully read the affidavits and ensure they are accurate before signing. Request a copy for your records. Notify government agencies. You can file your fraud affidavits with the Federal Trade Commission (FTC) by visiting its website at www.ftc.gov. This process may take some time, but stick with it. The paper trail you create now will protect you in the future. Dispute False Collections and Credit Reports You now have a strong record of identity theft. When you receive collection letters from bill collectors or other creditors, do not ignore them. Send a polite, professional letter disputing the validity of the accounts. Tell the companies that you are the victim of identity theft. Enclose copies of your police reports and fraud affidavits. Request verification of the bills, or in the alternative, a statement by the creditor that you are not responsible for the alleged debt. Always send your correspondence via certified mail, with a return receipt requested, and keep a copy of your signed, dated letter for your records. Also write to the credit reporting agencies to dispute any false account information. Be specific about the nature of your dispute, and tell the credit reporting agencies that you are the victim of identity theft. In addition to police reports and fraud affidavits, send copies of any correspondence from creditors acknowledging that you do not owe the alleged debt. The addresses for the “Big Three” credit reporting agencies are: Equifax PO Box 740241 Atlanta, GA 30374 Experian PO Box 9701 Allen, TX 75013 Trans Union LLC PO Box 1000 Chester, PA 19022 Ordering Your Free Annual Credit Report Under the Fair and Accurate Credit Transactions Act (FACTA), you are entitled to a free copy of your credit report each year. If you have been denied credit, you are also entitled to a free copy of your credit report. While it is possible to access your credit report online, some credit reporting companies require consumers to give up important rights in order to access their credit report through their website. Also, it can be confusing navigating the many links to purchase services that you do not necessarily need. A better way is to request it by mail. Consumers can request their free annual credit report by writing to Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281. The request form is available at the annualcreditreport.com website.
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About Consumer Law in Oregon
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